(영문) 서울남부지방법원 2017.11.28 2016가단43166

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(영문) 서울남부지방법원 2017.11.28 2016가단43166

약정금

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1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate of KRW 6% from April 2, 2014 to November 28, 2017.

Reasons

1. Basic facts

A. On January 8, 2014 between the Plaintiff and the Defendant, the Plaintiff prepared the instant event agency contract with the purport that the Defendant will act on behalf of the Plaintiff at the “C event” held from January 21, 2014 to February 9, 2014 (hereinafter “instant event”) and the Defendant will pay the Plaintiff KRW 50 million of the agency cost within seven days from the date of issuance of the tax invoice.

B. On January 8, 2014, between the Plaintiff and the representative E of extreme D, the instant event implementation agreement was prepared between the Plaintiff and the Plaintiff to implement the instant event and pay the Plaintiff KRW 45 million for the event cost.

C. On February 9, 2014, the Plaintiff issued a tax invoice on the supply price of KRW 50 million for the above event agency expenses to the Defendant. On May 23, 2014, the Plaintiff paid KRW 49.5 million for the event expenses and KRW 45 million for value-added tax to E. on May 23, 2014.

[Ground of recognition] Facts without dispute, Gap 3, 5, 8, the purport of the whole pleadings

2. Determination

A. The summary of the party’s assertion (1) The Plaintiff provided the Defendant with the instant event agency service by advertising and publicizing the instant event, and thus, the Defendant is obliged to pay KRW 50 million to the Plaintiff the event agency cost.

(2) The contract that the Plaintiff and the Defendant actually concluded with respect to the instant event is an advertising contract with the content that the Plaintiff publicizeds the instant event through F and that the Defendant pays the Plaintiff KRW 5 million to the Plaintiff.

However, if the Plaintiff paid KRW 45 million to the Defendant via E in order to make up for F’s sales performance at the request of G, a F reporter, the Defendant returned the above KRW 45 million to the Plaintiff through E as it is, and the Defendant merely prepares the instant event and the instant agency contract to pay KRW 50 million plus the advertising cost of KRW 5 million.

B. (1) As to the advertising cost portion, the Plaintiff stipulated in the instant event agency contract.

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