(영문) 서울중앙지방법원 2016.10.07 2016가합527900

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(영문) 서울중앙지방법원 2016.10.07 2016가합527900

용역비

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1. The Defendant’s KRW 309,692,071 as well as 6% per annum from January 1, 2016 to June 4, 2016 to the Plaintiff.

Reasons

1. Article 1 (Purpose) of the developments leading to the dispute in this case, the purpose of this contract is to entrust the defendant with the business of advertising agency for the defendant's products to the plaintiff, and to determine the rights, obligations, and all necessary matters of both parties when the plaintiff conducts an advertisement for the products.

Article 8 (Expenses for Manufacturing Advertisements and Advertisement Agency Fees) (1)

1. In return for the Plaintiff’s production of advertisements, exposure to, and publication in advertising media, the Defendant shall pay the Plaintiff the service cost for advertising agency (hereinafter “advertisement agency fee”).

The advertising agency fee shall be based on the detailed details of the agency advertisement (hereinafter referred to as "detailed statement of advertising execution") provided by the plaintiff to the defendant, and the plaintiff shall issue and deliver a tax invoice every month in accordance with the detailed statement of advertising execution.

In addition, in addition to the expenses specified in the statement of advertisement execution, the defendant is not obligated to pay additional expenses under any pretext.

2. The Plaintiff shall issue a tax invoice on the last day of each month during the advertising period, and claim the Defendant for the relevant advertising agency fee, and also provide the detailed statement to the Defendant.

The defendant shall pay in cash the tax invoice received from the plaintiff within the end of the following month.

Provided, That the items for which separate payment is requested under this Agreement shall be paid as agreed upon in this Agreement.

Article 12 (Cancellation or Termination of Contract) (1) If a party fails to correct any violation or non-performance within seven days after having been requested in writing by the other party to correct such violation or non-performance, the other party may terminate the contract by written notice.

(2) Where a cause falling under any of the following subparagraphs occurs to one party, the other party may terminate the relevant contract with written notice:

2. Attachment, provisional attachment, provisional disposition or provisional disposition of major properties; or

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