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(영문) 대전지방법원 2020.01.07 2018가단221949

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the representative director of F Co., Ltd. established for the purpose of advertising business, etc. (hereinafter “advertisement”), and Defendant B and C served as the political executive member of Defendant E Co., Ltd. (hereinafter “Defendant newspaper company”). Defendant D is the publisher and editor of Defendant newspaper company.

B. On December 11, 2015, an advertising company entered into a contract for vicarious execution of the advertising business (hereinafter referred to as “contract for the advertising of urban buses”) with the G association (hereinafter referred to as “association”) on an exclusive basis by using the H’s outside (on the face and the right side) operated by the union from January 1, 2016 to January 31, 2019. However, the advertising company entered into a contract for vicarious execution of the advertising business (hereinafter referred to as “contract for the advertising of urban buses”) with H outside (on the face and right side) (including value-added tax) with the total contract deposit of 11 billion won (including the contract for the advertising of urban buses).

In cases of restricting the attachment of advertisements at the request of the association for public interest, the association shall determine to reduce user fees for the advertising company on a daily basis for the period of attachment, and the number of vehicles for public service advertisements shall not exceed 10% of the total number of vehicles for public service advertisements.

The advertising company shall not raise any objection, except for existing advertisements (on-site advertising after vehicles and side advertisements of boarding questions).

C. From June 28, 2016 to July 8, 2016, an advertising company filed a request with the Association for consultation on countermeasures against “ difficulties in new advertising contracts due to the display of advertisements outside the contract” and requested the Association to consult on the countermeasures. On July 29, 2016, the Association and the Association changed the contract for urban bus advertising to increase the number of vehicles subject to public advertising to 25% of the total number of vehicles subject to public advertising, but to reduce the total down payment of KRW 8,530,760,720 (including value-added tax).

Meanwhile, on January 23, 2015, the I Corporation (hereinafter “Corporation”) published a public tender for the advertisement agency within the historical premises and the previous Dong-dong (hereinafter “Corporation”) and took into account the direct management of the Fund on January 28, 2015.