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(영문) 서울고등법원 2020.08.20 2020나2009082
광고대금
Text

1. The plaintiff's appeal and the plaintiff's selective claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The plaintiff is a person operating E-type department, and the company of this case is a company established for the purpose of producing broadcast programs, advertising agency, etc., and the defendant is the representative director of the above company.

B. On October 2017, the Plaintiff concluded an additional contract with the instant company by setting up a broadcast program of “F (A)” in the title “F (including value-added tax; hereinafter the same shall apply) with the advertising agency price of KRW 166,90,000 (including value-added tax; hereinafter the same shall apply) and entering into an agreement for media publicity production and broadcast advertising agency service with the Indonesia. On November 29, 2017, the Plaintiff concluded an additional contract setting the advertising agency price of KRW 132,00,000.

(hereinafter referred to as the “instant contract”) when the said two contracts are collectively named.

The Plaintiff paid KRW 298,90,000 in total to the Defendant based on the instant contract as an advertising agency, but the instant company cancelled the said contract if it did not perform its contractual obligations properly, and requested the said company to return the advertising agency price, etc. paid to the said company, and received the return of KRW 38,90,000 out of the said advertising agency price.

On May 17, 2019, the Defendant drafted a letter (Evidence 2, 200,000,000 won, such as the price paid for the advertisement by proxy (i.e., 298,90,000 won returned - KRW 38,90,000,000,000 won, hereinafter “instant advertising by proxy”) promising to pay 20,000 won to the Plaintiff by July 31, 2019.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Grounds for claims organized by the Plaintiff

A. As the representative director of the instant company, the Defendant agreed to pay the Plaintiff the full amount of the advertising agency price jointly with the said company.

Therefore, the defendant is jointly and severally liable to pay the money stated in the claim to the plaintiff.

B. The defendant raises an objection.

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