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1. The Plaintiff:
A. Defendant B Co., Ltd. shall pay 91,195,085 won and its interest thereon from March 18, 2020 to the day of full payment.
Reasons
1. Facts recognized;
A. On May 20, 2019, the Plaintiff entered into an advertising agency contract (hereinafter “each of the instant advertising agency contracts”) with the Defendants on May 20, 2019, including online advertising and online advertising and promotion services, such as planning and production of online advertising, from May 20, 2019 to October 31, 2019.
Each advertising agency contract of this case was claimed by attaching the details of the execution during the month in which the advertising expenses pursuant to the provision of the service were executed, and the Defendants decided to deposit in cash to the account within 45 days from the date of the request
B. The Plaintiff issued each tax invoice of KRW 91,195,085, total amount to Defendant C Co., Ltd. (hereinafter referred to as “D”), and KRW 63,304,092, respectively, to the person who is supplied with Defendant C Co., Ltd. (hereinafter referred to as “C”) in relation to advertising affairs such as the preparation of brand website.
[Reasons for Recognition] Defendant B: A without dispute; Defendant C: Article 150(3) of the Civil Procedure Act
2. The party’s assertion and determination that the Plaintiff sought advertising expenses under each of the instant advertising agency contracts against the Defendants, and the said Defendants asserted that the said Defendant should pay money according to each of the said tax invoices in accordance with each of the instant advertising agency contracts, since the said Defendant granted the authority to Defendant E, who is an employee of Defendant C who directly contacted or actually performed the conclusion of each of the instant agency contracts and the relevant advertising business, and then approved the Defendants’ tax invoices or approved the F Advertising as an advertiser.
As to this, Defendant B’s “D” is merely an act of entering into the instant advertising agency contract and preparing the purchase tax invoice by proposing that G would be issued in the name of the said Defendant Company as the products of Defendant C, which was independently established by Defendant B, who worked in Defendant B, and the actual duties are performed by both E.