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(영문) 서울중앙지방법원 2020.05.22 2018나78826
광고대금
Text

1. The defendants' appeal and the plaintiff's incidental appeal are all dismissed.

2. Of the litigation costs, the appeal by the Defendants is filed.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of advertising planning, advertising agency, etc.

B. On June 26, 2017, the Plaintiff entered into an advertising agency contract with the Defendant Promotion Committee and the Defendant Company, the said agency company, for the purpose of recruiting union members of the instant business.

(hereinafter referred to as the “instant advertising agency contract”. The name of the contract for the production of advertisements and the media agency contract: tentatively referred to) the person ordering the contract for advertisement of the regional housing association shall be the person ordering the contract for the settlement of accounts: Article 5 (Payment of Price).

1. The defendant company shall pay to the plaintiff the "advertising agency fee" (including the production cost, etc. for advertisements) and the cost of media (including the cost of media execution for advertisements); hereinafter the same shall apply).

The term "advertisement agency fee" shall be paid by the plaintiff to the defendant company on the day of the delivery date of advertising materials and the execution date of media.

After submitting the contract to the trust company, the defendant company shall immediately pay one million won per household, which is recruited from the trust company to the plaintiff's account after the contract, and shall pay one million won each remaining amount of the same household after 30 days.

(2) The payment shall be guaranteed by the Defendant Committee, with respect to the payment of the advertising cost per total of two million won per household and only the advertising cost per contract.)

2. In case where the household of the recruitment for sale under Article 5(1) does not reach the advertising expenses, the Defendant Company shall pay the Plaintiff an attempted amount from the trust company to the Plaintiff’s account within 60 days.

3. The plaintiff is the defendant company prior to the delivery or execution of the advertisement.

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