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(영문) 서울중앙지방법원 2017.05.11 2016가단122315
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 59,095,555 and the interest rate of KRW 15% per annum from September 20, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendant is a company engaging in real estate development and supply business, and Cosacom (hereinafter “Non-Party Company”) is a company engaging in outdoor advertising business, advertising production, and installation business, and the Plaintiff is a company subcontracted the following advertising services from the non-party company.

B. On August 28, 2015, the non-party company entered into a contract (hereinafter “instant contract”) with the Defendant to vicariously promote the advertisement of “B hotel construction business” in Jeju (hereinafter “B hotel construction business”). Under the instant contract, the non-party company entered into a contract with the Defendant on August 28, 2015, the non-party company: (a) set up and implement the advertising strategy; (b) the business to be performed by the non-party company; (c) the business to be performed by the non-party company was set up as “(i) the planning and implementation of the advertising strategy; (b) the preparation of a plane plan; (iii) the media selection; (iv) the advertising time for the media ( newspapers, magazines, the Internet, etc.); (d) the outdoor advertising production and execution; (f) the business to be performed by the non-party company; (f) the advertising expenses to be paid to the non-party company are set as KRW 100,000,000,000.

(Article 4). (c)

On September 2, 2015, Nonparty Company received 100 million won down payment under the instant contract from the Defendant.

On May 10, 2016, Nonparty Company: (a) entered into a contract with the Plaintiff to transfer KRW 59,095,555 out of the service payment claims under the instant contract to the Plaintiff; and (b) “instant transfer contract.”

After the conclusion of the contract, on the 30th day of the same month, the defendant was notified of the transfer by a certificate with a fixed date, and the above notice was served to the defendant on the following day.

2. Determination on the cause of the claim

A. According to the fact that the defendant's obligation to pay the acquisition money is recognized, the defendant shall not have any special reason.

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