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(영문) 수원지방법원 2021.03.10 2020가단532375
물품대금
Text

1. The Defendant’s KRW 77,311,300 as well as the Plaintiff’s KRW 6% per annum from February 21, 2019 to June 9, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that runs real estate sales agency business, etc., and the Defendant (a former company, a stock company, etc.) is a corporation that runs real estate development business, etc.

B. The Defendant implemented a project to construct and sell the building of the Seo-gu Incheon Metropolitan City D (hereinafter the building of this case).

On October 2018, the Defendant concluded a sales agency contract with the Plaintiff, which delegates all of the affairs related to sales, advertisement, and publicity of the instant building to the Plaintiff orally.

Accordingly, the plaintiff carried out agency business, advertising, and public relations activities, and agreed that advertising and public relations expenses incurred in the process and public relations center rents will be first invested by the plaintiff and then paid by the defendant later.

(c)

Then, on January 23, 2019, the Defendant drafted a sales agency agreement to delegate all of the affairs related to sales agency, advertising, and publicity of the instant building to the Plaintiff (Evidence 1-1).

In addition to the agreement on a sales agency fee, the above contract agreed that "the production of promotional materials for sales promotion shall be borne by the defendant, and all expenses incurred by additional production shall be borne by the defendant," and the defendant agreed that all expenses incurred by the promotional agency rent and promotional materials necessary for the advertisement shall be borne by the defendant (Article 9 and Article 10 of the sales agency contract).

Around that time, the Plaintiff entered into an advertising production agency contract (hereinafter “instant contract”) with the Defendant to receive expenses, such as various advertising expenses, promotional materials, promotional materials, sales promotional materials production expenses, promotional official rent, etc. (hereinafter “instant contract”). According to the instant contract, the details of the Plaintiff’s prior execution are KRW 91,223,00, including various advertising and promotional materials production expenses, promotion official rent, etc. (Additional Tax No. 1) and the future expenses to be paid are scheduled to be KRW 35,530,09,00.

E. After that, the Plaintiff’s input by not later than February 20, 2019 and supplied the Defendant with the advertising expenses and publicity materials.

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