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Reasons
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(영문) 서울중앙지방법원 2016.06.14 2015가합22521
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1. The Defendant shall pay to the Plaintiff KRW 220,497,466 as well as KRW 200,50,000 among them, from June 30, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On June 2013, the Plaintiff and the Defendant concluded a contract for the broadcast transmission agency and distribution network provision (hereinafter “instant contract”) on behalf of the Plaintiff on the part of the Plaintiff on the broadcast program produced by the Defendant, and accordingly, that the Defendant would pay the service fee to the Plaintiff.

B. The provisions on service charges under the instant contract are as follows.

Article 7 (Claim and Payment of Service Charges)

1. Eul (Plaintiff) shall calculate the service charges calculated in accordance with the service unit price schedule annexed to it at the rate of one month from the first day of each month to the last day of each month, and then claim the invoice to Gap (Defendant) by the 25th day of the month in which it is used, together with a statement of the use of the monthly service, and Gap shall deposit the service charges in cash to the account designated by Eul by the end of the following month.

Provided, That the calculation of the monthly charges for the month service is terminated shall be based on the number of days of service use.

2. Where Party A fails to pay the service charges under the provisions of Article 7 (1) within the period without any justifiable grounds, Party A shall pay the service charges for delay in cash, calculated separately from the monthly service charges for each day and at the time of paying the service charges for the following month.

The calculation of liquidated damages for delay shall be [3/100 x monthly service user fee x the number of delayed days].

C. The Plaintiff sent the Defendant’s broadcast program from October 30, 2013 to May 22, 2015.

The Defendant’s service charges of KRW 200,50,000, as described below, shall not be paid up to the date of issuance of the invoice 13,50,000 on July 25, 2014 (won) for the service charges of KRW 18,700,00 on August 22, 2014; 18,70,000 on September 18, 200 on October 29, 2014; 18,70,000 on May 20, 2014; 18,70,000,000 on November 24, 2014; 18,70,000,006 on December 18, 200, 200, 18,000 on August 18, 2015;

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, respectively.

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