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(영문) 서울남부지방법원 2018.05.17 2017나3760
광고대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On December 21, 2015, the Plaintiff and the Defendant entered into an advertising broadcast agreement (name of advertising: ginseng’s personal name; hereinafter “the first advertising agreement”) on products sold by the Defendant with the Defendant.

The period of transmission under the first advertising contract is from December 22, 2015 to January 21, 2016 (1 month), and the advertising price is KRW 22,00,000.

B. According to the first advertising contract, the Plaintiff sent the said advertisement through the channel operated by the Plaintiff for eight days from December 22, 2015 to December 29, 2015, pursuant to the first advertising contract.

C. Since then, the Defendant requested the Plaintiff to change the running period of the advertisement, and on January 4, 2016, the Plaintiff concluded an advertising broadcast contract (the name of the advertisement: the name of the advertisement, non-fishery, and the name of the second advertising contract; hereinafter referred to as “the second advertising contract”) under which only the running period among the first advertising contract was changed between the Defendant and the Defendant from January 5, 2016 to January 28, 2016.

In accordance with the second advertising contract, the Plaintiff sent the said advertisement through the channel for the operation of the Plaintiff for 24 days from January 5, 2016 to January 28, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3, 5, and 6 (including virtual numbers), the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 12,00,000 won remaining after deducting 10,000,000 won which the plaintiff had already been paid from 22,00,000 won for advertising, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from April 7, 2017 to the day of complete payment, which is the day following the delivery of a copy of the complaint sought by the plaintiff.

In this regard, the defendant argued that the plaintiff cannot respond to the plaintiff's claim since the contract was rescinded by agreement between the plaintiff and the plaintiff. However, since there is no evidence to acknowledge the defendant's above argument, the defendant's above

3. In conclusion, the judgment of the first instance is just, and the defendant's appeal is dismissed as it is without merit.

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