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(영문) 서울중앙지방법원 2015.01.30 2014가단146621
광고비 등
Text

1. The Defendant shall pay KRW 53,39,00 to the Plaintiff at the rate of KRW 20% per annum from June 14, 2014 to the day of complete payment.

Reasons

1. In full view of the overall purport of the pleadings as to the cause of the claim Gap's statement Nos. 1, 2, 5, 6, 7, 8, and 10 (including each number; hereinafter the same shall apply), the plaintiff entered into an advertising agency contract with the defendant, and from May 1, 2012 to May 15, 2012, the "B" advertisement in both weeks as requested by the defendant during the Joseon Day and the daily Economic Newspapers was published six times in total, and the above advertising fees were paid in preference to the defendant, barring any special circumstance, the defendant shall be liable to pay the plaintiff the advertising fees of 53,339,000 won, which the plaintiff paid preferentially to the defendant pursuant to the above advertising agency contract, and damages for delay from June 14, 2014 to June 20, 2014 to the day after the service of the original copy of the instant payment order as requested by the plaintiff.

2. Judgment on the defendant's assertion

A. In light of the fact that the plaintiff did not claim advertising fees of this case for a period of not more than two years, the defendant asserts to the purport that the plaintiff actually filed the lawsuit of this case in collusion with the former shareholders and management of the defendant company, even though there was no claim for advertising fees of this case against the defendant or had already been paid such claims.

B. However, according to the statements in Gap evidence Nos. 1 and 9, in order to secure advertising fee claims under the advertising agency contract of this case, the plaintiff received the sales contract from the defendant for the above "B" 301, 302, and 303 from the defendant in full payment of the sales price. However, as the construction work of the above B B pent does not properly proceed, it seems that the plaintiff could not execute the above security interest.

In light of this point, the fact that the Plaintiff did not exercise the advertising fee claim of this case for two years and that it did not exercise it.

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