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(영문) 서울중앙지방법원 2018.01.26 2017가단5043094
위약금 등 청구
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 10,752,688 and Defendant B with respect thereto from April 20, 2017, and Defendant C with respect thereto.

Reasons

1. Basic facts

A. On July 26, 2016, the Plaintiff entered into a marketing agency agreement with the Defendants, a medical doctor, on D (hereinafter “instant hospital”) (hereinafter “instant contract”), and the main contents are as follows.

Article 2 (Scope of Contracts)

1. Acting as an agent for KIKO advertisements;

2. Assist in marketing; and

3. Production, maintenance and repair of the homepage of the instant hospital;

4. Conventions and advertising planning (the duration of a contract and the renewal of a contract) Article 3;

1. The duration of this Agreement shall be two years from the beginning date of 2016.

Article 4 (Determination of Advertising Expenses)

1. The Defendants’ first one month for advertising commencement to the Plaintiff at the cost under Article 2 shall be KRW 10 million per month, KRW 20 million per month, and KRW 30 million per month thereafter, and KRW 30 million per month.

2. The costs of TV contribution, production of documentary accounts, local advertisements (such as placards, local newspapers, buses and taxi advertisements, regional leaflets, etc.) other than those specified in Article 2 above shall be executed separately by the Defendants.

Article 6 (Penalty)

1. In the event that the Defendants’ unilateral nonperformance of their contractual obligations terminates, the Defendants shall compensate for the expenses for the three-month period under Article 4(2) as penalty for breach of contract.

Provided, That the foregoing shall not apply where the Parties have agreed smoothly on the termination of the contract.

Article 9 (Matters of Special Agreement)

1. The Plaintiff is not obligated to vindicate advertising expenses.

3. The homepage and the setnet system of the instant hospital did not collect expenses, and the Plaintiff’s right to the ownership provided to the Defendants is the Plaintiff.

B. On August 5, 2016, according to the instant contract, the Plaintiff commenced the advertising agency business for the instant hospital. Specifically, the Plaintiff’s work of manufacturing the instant hospital’s website and providing patient management sealnets, and the online advertising work, such as kidry advertising, flue content advertising, blouse exposure, etc. on the Internet portal website, and the Defendants’ work of advertising agency for August 2016, 2016.

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