손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. On March 2014, the Defendant announced a lessee’s announcement on the 74 points in a space for the installation of digital advertising facilities. The Defendant: (a) manufactured, installed, and maintained machinery and tools; and (b) provided that electric power supply facilities are installed at the contractor’s expense; (c) a person participating in a tendering procedure shall be fully aware of the tender-related statutes, the tender notice, the draft contract, the prospectus, etc.; and (d) a person participating in the tendering procedure shall participate in the tendering procedure; and
B. On March 21, 2014, the Plaintiff selected as a successful bidder in the said bidding, and entered into a lease contract for the space for the said facilities (hereinafter “instant contract”) with the Defendant and the Defendant’s 74 locations for the installation of digital advertising facilities in the 29 Incheon subway stations (including value added tax), 69,904,800 won for contract deposit, 69,904,800 won for contract deposit, monthly user fee of 19,418,000 won, and the contract term of contract from April 2, 2014 to June 30, 2017 (90 days for business preparation).
C. In the contract entered into upon the contract of this case (hereinafter “the contract of this case”), digital advertising facilities installed and operated by the Plaintiff are facilities displaying images, such as guide maps, etc., public interest, commercial video advertising, etc., and in particular, guidance services, such as route drawings, etc., shall be provided in the central control system using wired and wireless networks, and in the event that the Plaintiff wishes to install or alter digital advertising facilities or electric and communications facilities related thereto, he/she shall perform construction with prior approval from the Defendant. In this case, all of the expenses shall be borne by the Plaintiff, and all of the expenses shall be borne by the Plaintiff and the maintenance management, such as operation, improvement, repair, etc. shall be performed at the Plaintiff’s expense under the Plaintiff’s responsibility.
The plaintiff around August 2015 shall be Incheon.