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(영문) 서울중앙지방법원 2021.01.12 2020나47443
광고대금
Text

Of the judgment of the first instance, the part against the plaintiff falling under the following amount shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates a restaurant under the trade name of “D (Masan Synthem)”, and the Defendant is a company that conducts online marketing agency business.

B. On October 25, 2018, the Plaintiff entered into an advertising contract with the Defendant to publicize the Plaintiff’s restaurant (hereinafter “instant contract”). Around that time, the Plaintiff paid KRW 1,320,000 (including value added tax) to the Defendant.

The main contents of the above contract are as follows:

B Advertising support period: 12 months: Advertising expenses, fal marketing expenses, and all expenses for 12 months, such as bid bid (1-2 week required), presentation (1 day), experience and hosting (4-5 week required), and printing (4-7 week required)-B advertising (4-7 week required)- without limit of the number of times, and Article 3 (Effect of Contracts) of the progress for 12 months without limit of the number of persons. (3) When the defendant fails to continue advertising any longer due to the situation, or where advertising is delayed for more than three months, the defendant shall calculate and pay advertising expenses to the plaintiff, i.e., the remainder of the advertising expenses excluded.

Provided, That additional guarantees shall be automatically terminated, and no compensation therefor shall be made.

Article 9 Additional Guarantee (Provisions on Sales Guarantee) In the event that the total sales are not less than 60 million won in comparison with the preceding year during the period of support, B advertising is extended until the sales is achieved, and all expenses that may be incurred in this case shall be subject to an elevated liability.

If the matters concerning the permanent guarantee by the manager are not implemented, the defendant shall refund without delay the total amount that the plaintiff has paid to him/her, and at the time of the withdrawal of the manager, the defendant shall set up another person in charge and implement the contents concerning the permanent guarantee until the end.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 2, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The defendant's summary of the plaintiff's assertion is according to the contract of this case.

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