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(영문) 서울중앙지방법원 2016.10.13 2014가단5221374
광고대행비등 청구
Text

1. The Defendant: 5% per annum from January 21, 2014 to April 29, 2015, and on April 30, 2015, to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a person engaged in the production of banner and advertising agency business, and the defendant is a person who operates the incubation department in Seocho-gu Seoul Metropolitan Government with the trade name "C Council members father store".

B. Around 2011, the Plaintiff filed an application with the Defendant for the use of a banner for the designated display board, such as the Gu office, etc. in the region where the Plaintiff would post the first banner each month, and if the winning results through a lottery, the Plaintiff posted the Defendant’s hospital manufactured by the Plaintiff for 7 to 15 days on the designated display board on the following month, and recovered the winning, and the Plaintiff concluded a service contract with the Defendant to settle the agency fee, posting fee, construction cost, banner design and manufacturing fee.

(A) the written service contract has not been drawn up separately.

The procedures for the Plaintiff to hang a banner are as follows:

(1) An application for allocation of display stand by accessing the website operated by each Si/Gun/Gu management agency for placards.

(2) A management agency shall allocate (one mix) posts in the fixed form, such as the lottery, first-come, first-come, etc.

③ The Plaintiff confirms the winning bulletin box and transfers the winning bulletin box to the management agency, the assignment of the bulletin board shall be finalized.

(4) The plaintiff shall manufacture banner, etc. and install it in the posted stand allocated to him/her, and collect it when the period of posting expires.

From February 2, 2011 to July 2013, the Plaintiff posted the Defendant’s banner at the Seoul Si and the Gyeonggi-do bulletin box, and claimed agency fees by e-mail, along with the monthly e-mail. The x-mail file included monthly claim amount, each Si/Gun/Gu, each branch office, the details of the banner installation, and the posting date, and the Defendant has paid part of the claimed amount to the Plaintiff or the Plaintiff’s savings bank, the national credit rating, and D’s account.

E. Meanwhile, at the request of the Defendant around June 2012, the Plaintiff’s office.

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