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(영문) 전주지방법원 2015.09.09 2015가합2224

손해배상(기)

Text

1. The Defendant C Newspaper Co., Ltd.: (a) 30,000,000 won and its amount are annually from March 27, 2014 to September 9, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff related to the parties is an organization composed of companies engaged in bus transport business in E, which is established to perform the overall business of freight, transportation, and other association members, and Defendant B is an F City Council member, and Defendant C Newspaper Co., Ltd. (hereinafter “Defendant C Newspaper”) is a press organization that operates Internet newspaper “D” as an Internet newspaper company while issuing a “C Newspaper” as a daily newspaper.

B. On December 12, 2013, Defendant B opened a press conference from the F viewing on the instant news articles, etc., and asserted that “the Plaintiff omitted KRW 7 billion from the revenues outside a bus advertisement for the last ten years by means of a negotiated contract with a specific company,” Defendant B’s assertion that “the Plaintiff omitted from the revenues outside a bus advertisement for the last ten years.” As such, Defendant B’s interview, a press conference, or the distribution of news report materials (hereinafter “the instant news interview, etc.”).

(2) As indicated in attached Table 1, as indicated in the “the interview, etc. in this case”, the Plaintiff’s 24 times from December 13, 2013 to December 26, 2013, among the Plaintiff’s bus advertising agency contracts, published articles regarding the Plaintiff’s term of contract, ② contractual companies, ③ unfair contracts, and ④ KRW 7 billion omitted advertising earnings, and the following main contents are as follows. The Plaintiff entered into a negotiated contract with G, a specific company for 11 years with respect to the external advertising of the bus. The method of the advertising industry’s ordinary contract with the advertising industry, at the time of allocating advertising earnings, should receive 90% advertising earnings, and 10% of the advertising fees, which is the H affiliate company, but the contract is unfavorable to the Plaintiff, such as the Plaintiff’s current method of contract, as it appears contrary thereto. The Plaintiff received the Plaintiff’s 200 billion won subsidy by intentionally omitting the advertising revenue amounting to KRW 7 billion through such unfair contract.