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Reasons
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(영문) 의정부지방법원 2016.08.19 2014나11261
약정금
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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On March 22, 2013, the Deceased received expenses for business activities of KRW 1,00,000 from the Defendant who is engaged in advertising as an agent, etc., and entered into a business agreement with the Defendant for advertising purposes. In the event that the Deceased’s business is entered into an advertising agreement with the deceased, he/she would be paid part of the profits (hereinafter “instant business agreement”).

Article 3 (Distribution of Earnings) "A (Defendant)" and "B (Defendant)" shall distribute advertising profits as follows:

1. A shall make publicly available to B the advertisement net profits concerning the advertising contract concluded by Eul as a business;

2.A shall pay 50% of the proceeds of all transactions contracted by A to B to B within three days after the completion of the deposit.

The settlement of profits shall be the amount after deducting the advance payment of business expenses under Article 3 (3).

3. It shall pay in advance to B 1,000,000 won per day of business activities per month.

4. If no advertisement is conducted within two months after the payment of operating expenses, A may suspend the payment of operating expenses referred to in Article 3 (3).

B. Of the instant business agreement, the content pertaining to the allocation of earnings is as follows.

C. The Deceased was paid KRW 1,00,000 on April 1, 2013, and KRW 1,000,000 on May 2, 2013, and KRW 1,000 on June 3, 2013, respectively.

On May 15, 2013, the Defendant and C&T content Group (hereinafter “C&D content Group”) entered into an outdoor advertising contract (hereinafter “instant advertising contract”) on the part of the Deceased’s business, and the Defendant was paid KRW 75,00,000 as the price for the advertisement.

E. The Deceased died on December 31, 2014, and Plaintiff C, D, and E, the deceased’s heir, who is the deceased’s spouse, are the Plaintiff B, D, and E.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiffs asserted as to the profits under the instant advertising contract, and the deceased.

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