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(영문) 서울서부지방법원 2019.10.15 2018가단236558
방송광고료청구
Text

1. The defendant's KRW 189,850,000 and its portion

(a) From May 1, 2017, for KRW 2,850,000;

(b) 37,400.

Reasons

According to the statements in Gap evidence 1 through 6, the facts of the reasons for the claim can be recognized.

Therefore, the defendant who jointly and severally guaranteed the debt of the non-party LAD (hereinafter referred to as the "non-party company") is liable to pay the amount stated in paragraph (1) of the Disposition to the plaintiff, unless there are special circumstances

In this regard, the defendant asserts that the non-party LAE should deduct 15% of the total value of supply issued by the tax invoice from the plaintiff's claim amount.

Therefore, according to the above evidence, while entering into a commercial broadcast agency contract with the non-party company, it is recognized that the plaintiff agreed to pay 15% of the supply value of the advertising agency fee to the non-party company as an agency fee. However, in full view of the purport of the entire pleadings, the plaintiff is also aware that the 15% agency fee calculated as above should be paid to the non-party company and only the amount deducted should be claimed to the non-party company. Unlike the non-party company, there is no specific assertion or proof as to the grounds for deducting the amount related to the non-party A from the claim amount against the defendant.

Therefore, the defendant's above assertion is rejected.

Therefore, the Plaintiff’s claim of this case is justified, except for the part partially dismissed pursuant to the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019 and enforced June 1, 2019). It is so decided as per Disposition.

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