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1. The Defendant (Appointed Party) shall pay to the Plaintiff KRW 492,359,912 and the interest rate thereon from January 25, 2018 to the date of full payment.
Reasons
1. Basic facts
A. On September 9, 2016, the Plaintiff’s purpose of advertising agency business, advertising planning, advertising production business, etc. entered into an advertising agency contract (hereinafter “instant agency contract”) with the Defendant (Appointed Party; hereinafter “Defendant”) who is the instant association’s promotion committee and the proxy company for the instant association’s business with the pertinent association’s promotion committee (hereinafter “instant association”).
The main contents of the instant agency contract are as follows.
Article 2 (Purpose of Contract) The purpose of this Agreement is for Gap (Defendant and Promotion Committee) to delegate to Eul (Plaintiff) the duties of advertising publicity services for the recruitment of union members of the instant association, and Eul to perform the duties of advertising publicity services delegated by Gap in good faith.
Article 3 (Term of Contract)
1. The term of this contract shall be from September 9, 2016 to March 8, 2017 (six months).
2. This contract shall have the same effect even after the project undertaker transfers it from the “Promotion Committee” to the “regional housing association” or “general sale in lots.”
Article 5 (Production of Advertisements) B shall be manufactured and executed after submitting all the details of advertisements prior to the execution of the advertisement service and all of the documents related to the production cost to Gap and explaining them sufficiently, obtaining prior approval from Gap.
Article 6 (Implementation of Media Plans and Plans) B shall provide information related to media to Gap from time to time, notify Gap in advance in seeking for the change of expenses and media and space at the time of advertisement, and shall execute all the execution schedule and expenses after obtaining notification and approval from Gap.
Article 7 (Request for Service Price and Method of Payment)
1. The budget for advertisements for sale shall be 500 million won (excluding value-added tax);
B shall claim an amount agreed upon when concluding a contract as a down payment to A, and A shall be paid in cash within five days.
Provided, That the payment of down payment shall take precedence in the business agency E.