logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.02.24 2015가단11070
광고대금
Text

1. The Defendant’s KRW 82,50,000 as well as the Plaintiff’s KRW 20% per annum from August 22, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. On November 8, 2013, the Plaintiff entered into an advertising contract with the Defendant under which LDD and video advertising is to be established and operated at LDD and video advertising, and to pay monthly advertising fees of KRW 5,500,000 (including value added tax) (hereinafter “instant advertising contract”), and the important contents of the advertising contract are as follows.

Article 2 (Period of Contract) The term of this Agreement shall be from November 15, 2013 to November 14, 2015 (1 year), and the extension of the Agreement shall be extended by mutual consultation with the Plaintiff and the Defendant one month prior to the expiration date.

The damages caused by unilateral violation without good cause under Article 6 (Reimbursement) shall be compensated for the entire amount of damages suffered by the injured party.

B. After entering into the instant advertising contract, the Defendant notified the Plaintiff of the termination of the contract on April 28, 2014 due to the aggravation of business conditions, and notified the Plaintiff of the termination of the contract from April 29, 2014 again on April 29, 2014. Accordingly, the Plaintiff notified the Defendant of the termination request on April 29, 2014.

C. From March 16, 2014 to June 15, 2015, the Defendant did not pay advertising fees of 82,500,000,000 won (=5,500,000 won x 15 months). The Plaintiff filed a lawsuit against the Defendant with this court for the payment of advertising fees under the instant advertising contract on October 23, 2014. A, which was the subject of the instant advertising contract, was closed on July 2, 2015.

[Ground of recognition] Facts without dispute, Gap 1, 7 evidence, Eul 1, 24 evidence, the purport of the whole pleadings

2. Determination as to the cause of action

A. First, since the contract period stipulated in the instant advertising contract is inconsistent, in the event there is an disagreement about the interpretation of the contract between the parties, and the parties expressed in the disposition document are at issue, the contents of the text, the motive and circumstances leading up to such an agreement, the purpose to be achieved by the agreement, the parties’ genuine intent, etc.

arrow