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서울중앙지방법원 2017.11.14 2016가합578854
광고대금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 121,720,835 as well as the full payment from September 2, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The parties concerned are the general advertising agency that makes an advertisement awarded by an advertiser and requests the so-called so-called “media execution” such as the broadcast media or publication of advertisements produced by the so-called “mediappirirs” including the Plaintiff. At the Defendant’s request, the Plaintiff is a company that executes the advertisement in online advertising media and receives the advertising cost (so called “media agency fee”). C is the Plaintiff’s former representative director. D is the Defendant’s representative director from March 21, 2008 to March 17, 2013, respectively.

B. 1) The Defendant is “H company” including F (G)-based limited liability companies on online portal sites.

A) Around 201, H made an advertisement of online advertising media to the Plaintiff, and requested the Plaintiff to execute the advertisement of online advertising media. In accordance with the so-called “Fe Base method,” H companies paid a large amount of fixed remuneration reflecting the commission for the media agency, such as paying not less than two times the labor cost invested in the advertisement production to the Defendant, such as the Defendant, rather than paying a large amount of the commission for the media agency, the online portal companies set the commission for the media agency from the media company at a certain ratio of the total cost. The online portal companies are 20% of the total advertising agency and 10% of the total amount of the commission for the media. The online portal companies are prohibited from receiving the commission for the media agency, and ultimately, they cannot claim the amount including the amount corresponding to the Defendant’s commission for the media agency, and D and E (hereinafter “D, etc.”), which is the Defendant’s executive officer, should be deducted from the total amount of the commission for the media agency’s claim to the Plaintiff.

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