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(영문) 서울서부지방법원 2016.08.16 2015가단219453
광고대행수수료
Text

1. The Defendant: (a) KRW 30,00,000 and the Plaintiff’s KRW 20% per annum from May 28, 2015 to September 30, 2015; and (b) October 1, 2015.

Reasons

1. Basic facts

A. On October 30, 2014, the Plaintiff entered into an advertising agency contract with Shee Construction Co., Ltd. (hereinafter “Shee Construction”) with the term of contract from November 1, 2014 to October 31, 2016, stipulating that the Plaintiff entered into an advertising agency contract with the Plaintiff on behalf of the Plaintiff for public waves, radio, newspapers, magazines, etc. of Shee Construction.

B. On October 30, 2014, the Defendant entered into an advertising broadcasting agency contract with the Plaintiff on a one-year basis as of the date of concluding the contract (hereinafter “instant contract”), and the Plaintiff performed the advertising agency business for the construction from November 1, 2014.

The contents of the above contract relating to this case are as follows:

Article 1 (Recognition of Advertising Agency) (1) The term "B (referring to the plaintiff; hereinafter the same shall apply)" and the advertiser under contract shall be recognized as an advertising broadcast agency.

Provided, That this shall not apply to the sharing of advertising fees.

Article 2 (Application for Advertising Broadcasting) (1) When "B" intends to make an advertising broadcast, it shall prepare and submit one copy of the subscription for Advertising Broadcasting in attached Form, and it shall be deemed that the mutually agreed operational proposal is an offer for the convenience of business affairs.

(3) Advertising broadcast materials shall be produced by the “B” as the subscriber, and the time when receiving the broadcast materials shall be five days prior to the commercial broadcast.

The term "B" shall be accompanied by a certificate of deliberation by an advertising autonomous review organization or cable association.

Article 3 (Advertisements Fees and Agency Fees) (1) Advertising fees shall be prohibited by the "A (referring to the defendant; hereinafter the same shall apply)" directly from the advertiser.

(2) "B" shall cooperate with "A" in the payment of advertising fees by an advertiser.

(3) "A" shall pay 15% of the value of supply of the total advertising agency to "B" at the time when advertising fees collected from an advertiser are cashed as advertising agency fees.

Article 4 (Issuance of Tax Invoice) (1) "A" shall issue an advertising fee invoice and request the advertiser to do so.

(2) "B" shall issue a tax invoice for an advertising agency fee and claim the "A".

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