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(영문) 광주지방법원 2018.11.02 2017나4856
물품대금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that operates exhibition agency business and events planning business, and the Defendant is a corporation that carries on a housing construction business, etc., and is a corporation that newly constructs a regional housing association apartment in Gwangju Northern-gu B (hereinafter “instant construction”).

B. On June 19, 2015, a promotion committee of the C Regional Housing Association was established and the identification number was issued on the 24th of the same month, and on February 24, 2016, the establishment of the said housing association was authorized.

(hereinafter referred to as “regional housing association”). (c)

A regional housing association concluded a fund management contract with Korea Trust Co., Ltd. (hereinafter “Korea Trust”) and executed the funds related to the instant project through Korea Trust.

With respect to the apartment of the regional housing association, the Plaintiff provided an advertising agency service, such as an agency service for model parcels display, which is equivalent to KRW 166,309,00,00 in total, from June 25, 2015 to June 30, 2015, and supplied goods, such as leaflets.

E. The Plaintiff received respectively payment of KRW 20 million from the Korea Trust as the advertising agency fee and the price for goods on August 26, 2015, KRW 70 million on September 23, 2015, KRW 20 million on January 29, 2016, and KRW 110 million on January 29, 2016.

[Ground for recognition: Unsatisfy, Gap evidence 1, 2, and 3 (including paper numbers; hereinafter the same shall apply)

(i) entry in Category B(7) and 9(s) and the purport of the whole pleading

2. The assertion and judgment

A. (1) The Plaintiff entered into an advertising agency contract with the Defendant on July 9, 2015 with the advertising agency cost of KRW 154 million (Evidence A50 million). In the process, the Defendant took charge of the receipt of written estimates related to the advertising agency contract, the conclusion of the contract, and the execution of the contract.

In addition, since the defendant expressed his intention to pay the price under the advertising agency contract, the party to the advertising agency contract of this case is the defendant.

Therefore, the Defendant’s payment for advertising agency and goods to the Plaintiff = KRW 44 million under the above advertising agency contract = KRW 154 million.

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