beta
Text
1. The conjunctive Defendant shall pay to the Plaintiff KRW 85,960,562 as well as 20% per annum from December 16, 2014 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is an individual entrepreneur who registers his business with the trade name of “E” and operates an advertising counter, and Defendant B is an individual entrepreneur who registers his business with the trade name of “F” and operates the roto information site of “G” on the Internet.
B. The Plaintiff entered into an advertising agency contract with Defendant B on the Internet homepage operated by Defendant B to display the Internet homepage on its Internet advertising media, such as “NAV” and “the following,” and made a direct advertisement.
C. Upon the request of Defendant B, the Plaintiff paid a total of KRW 591,935,50 to the company operating the evaded site from January 201 to March 2013, 201, on behalf of the Plaintiff, a total of KRW 567,395,062 to the conjunctive Defendant. The Plaintiff borrowed KRW 662,630,00 from the Defendant’s account in the name of Defendant B, and KRW 272,920,00 from the account in the name of the conjunctive Defendant, and KRW 36,52,00 from the third party’s account in the name of the third party, and KRW 101,298,00 from the name of the third party, KRW 1,073,370,00 in the name of advertising expenses.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, and purport of the whole pleadings
2. Determination as to the claim against the main Defendants
A. The plaintiff's assertion is not yet paid KRW 1,00,00, out of KRW 84,960,562 and the above "G" out of KRW 591,935,50,50 paid as advertising expenses on behalf of the defendant B, or from KRW 567,395,062 loaned to the defendant B and the conjunctive defendant jointly operated by the defendant B. The defendant B is obligated to pay the plaintiff KRW 1,00,000,00 among the substitute payments paid as advertising expenses on behalf of the plaintiff under Article 55 of the Commercial Act.
As a matter of choice, Defendant B transferred the above business name to Defendant C by falsity in order to avoid the instant advertising expenses, and Defendant C.