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(영문) 서울중앙지방법원 2015.07.07 2014나65792
광고대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that engages in the promotion of real estate business in Korea and abroad, and the Defendants are joint business operators of E who engage in the specialized construction subcontracting business.

B. From June 2012, the Defendants concluded a sales advertisement contract with the Plaintiff through F, which was an employee in charge of the Plaintiff’s advertising contract, and paid 2,5850,000 won to the Plaintiff.

According to the above contract, the Plaintiff published the Defendants’ advertisement in the Central Daily Gazette.

C. After that, the Defendants again requested F to re-issue the advertising advertisement, F introduced the representative H of G, an advertising agency, and the Defendants requested H to publish the advertisement.

(hereinafter referred to as the “instant advertisement”). D.

In other words, the Plaintiff published the Defendants’ advertising advertisement on seven occasions in the Central Gazette, and the Defendants paid KRW 18.7 million to the I Agricultural Cooperative Account as required by H from March 14, 2013 to April 1, 2014.

H issued a tax invoice of KRW 14.3 million issued by the Plaintiff and a tax invoice of KRW 4.4 million issued by G as the Defendants demanded tax invoices.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 2 (including partial number), the purport of the whole pleadings

2. The Plaintiff asserts that, on the premise that the advertising contract was concluded between the Plaintiff and the Defendants with respect to the advertising in this case, the Plaintiff sought payment of KRW 14.3 million, but the Defendants merely concluded an advertising contract with H and paid the full amount thereof.

In full view of the statement Nos. 3, 4, 5, 6, and 8 (including partial numbers) of Eul, the Defendants, as seen above, hear the statement that when concluding an advertising contract with the Plaintiff Company through F, which is an employee of the Plaintiff, F, would have less advertising costs when concluding an advertising contract with H, while requesting an advertisement. The Defendants, as such, request H to make an advertisement.

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