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(영문) 청주지방법원 2017.03.30 2016가단100348
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 32,175,00 and interest rate of KRW 15% per annum from March 19, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On June 30, 2015, the Plaintiff entered into an online advertisement operation contract (hereinafter “instant contract”) with the Defendant with the content that the Defendant produced the Plaintiff’s website and concluded an online marketing contract with the intent to optimal online marketing. The key contents are as follows.

Section 1 (Purpose) In order for B (Defendant) to cooperate and implement the online marketing agency business of Party A (Plaintiff) and the goods of Party A to sell them smoothly, this contract aims to provide for the contents of down payment, performance, remuneration, cooperation, and support to facilitate performance among the two companies, and to implement the contract accordingly.

Article 4 (Operational Expenses for Advertisement Agency) The handling of payment for the Operational Expenses for Advertisement Agency shall be as follows:

1. Prepaid payment of working and operating expenses;

Operating expenses excluding initial expenses shall be paid on the first day of each month as of 30 days.

4. The corporation's commuting to and from work, meals, landscaping, vehicle fuel expenses (value of oil, expenses tol on expressway, etc.), and accommodation shall be subsidized by Gap;

Provided, That rental car and oil expenses shall be subsidized for four months from the time of the contract.

UN at its own expense for a period of four months thereafter.

Article 5 (Operational Opening)

1. If the monthly sales of Gap are at least 30 million won from the quarterly point of profit and loss, it shall be paid to Eul, and 4% of the total sales of Gap's operational website shall be paid to Eul with incentives;

Article 7 (Methods of Payment of Price)

2.A shall pay to B, at the time of the contract, VAT included in the following:

(A) 1) site production 5.5 million won 2) site lowest 14.3 million won 3) optimal : B’s investment 50% in 1,3750,000 won 4) B’s blogs, carpets, and SNS operation expenses shall be paid for personnel expenses at the time of completion of the site, and payment shall be made in consultation with B’s reduction and payment.

(Payment for Three months) The amount of the above-mentioned 1 to 4 shall be paid in cash simultaneously with the contract.

Provided, That the optimal marketing cost shall be the time the site is completed.

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