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(영문) 서울중앙지방법원 2017.06.21 2016가합546840
손해배상(기)
Text

1. The Defendant’s KRW 355,341,161 as well as the Plaintiff’s annual rate of 6% from August 20, 2016 to June 21, 2017.

Reasons

1. Basic facts

A. The Plaintiff is engaged in advertising agency business, culture, public relations, education, advertisement, film and other film tape production business, advertisement production and sales business, etc. The Defendant is a company that engages in pharmaceutical products, nonpharmaceutical drugs, and manufacturing and selling additives.

Article 1 (Purpose of Contract) The purpose of this Agreement is to delegate the production of advertising materials and the advertising agency business to “B” and “B” to perform them in good faith.

Article 2 (Scope of Business Affairs) The scope of advertising affairs to be conducted by “B” (hereinafter referred to as “business affairs”) shall be as follows, and “B” shall obtain prior approval from “A” in the course of performing the business affairs:

1. Planning of production of advertisements;

2. Production of advertisements, such as CATV (including CATV, theater), radio PM, printing media, online, etc.;

5. Planning and production of printing promotional materials;

6. Planning and production of promotional videos;

7. Media planning - formulation of strategies, consulting, effective analysis, survey, etc.;

8. Execution of media - Intervention, establishment of an operation plan, enforcement, management, etc.

9. Other all the affairs related to advertising activities. Article 3 (Contract Period)

1. The term of this Agreement shall apply retroactively to 3 December 16, 2015 to 31 December 2016, but may be changed if the Parties so agree.

2. Before the expiration of the contract term, “A” or “B” shall be automatically extended for one year unless either Party notifies its intention to terminate the contract in writing at least one month prior to the expiration of the contract.

Article 6 (Calculation of Agency Fees and Payment Method thereof)

1.The agency fees to be paid to “A” in connection with this contract shall be divided into production costs and media costs.

2. The term “B” means the cost of producing an advertisement, and the term “B” means the unit price for an advertising medium purchased from a media company.

3.The production costs shall be calculated for each individual advertising product and to be paid in accordance with separate agreements, and “B” for this purpose shall be individual advertising products.

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