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(영문) 부산지방법원 2020.07.03 2019나58483
용역비
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On September 2017, the Plaintiff entered into a contract with the Defendant on the content that the Plaintiff would immediately pay the advertising fees to the Plaintiff, using the advertising media in C facilities (hereinafter “instant advertising media”) operated by the Plaintiff, from September 28, 2017 to November 27, 2017, and the advertising fees shall be KRW 4,00,000 per month. The Plaintiff claimed the submission of advertising photographs, along with the submission of the advertising pictures, and the Defendant would immediately pay the advertising fees to the Plaintiff.

(hereinafter “instant advertising contract”). (b)

On September 25, 2017, according to the instant advertising contract, the Plaintiff posted the “D” advertisement at the Defendant’s request on the instant advertising medium, and around that time, posted a management report (Attachment to a photograph) to the Defendant, and thereafter, made a management report (Attachment to a photograph) around October 27, 2017, and made a management report (Attachment to a photograph) around November 27, 2017.

C. The Defendant received all advertising fees from the Press Foundation to January 1, 2018 with respect to the said advertising, which the Defendant requested the Plaintiff, and then paid to the Plaintiff KRW 4,00,000 as advertising fees under the instant advertising contract, from the Plaintiff on January 16, 2018; and the same year.

5. 31.2,00,000 won were paid respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 9, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the principal lawsuit, the defendant's statutory interest rate of 2,00,000 won (=2,000 won per month x two months x (4,000,000 won) - (2,000 won 2,00,000 won)) from September 18, 2018 to May 31, 2019, which is the day following the delivery date of the original copy of the instant payment order, as requested by the plaintiff, Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, the main sentence of Article 3 (1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019); 15% per annum from the following day to the day of full payment;

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