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(영문) 서울중앙지방법원 2019.06.13 2018가합565906

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

Basic Facts

On June 26, 2012, the Plaintiff and E entered into an advertising agency contract and a guarantee contract, and entered into the following advertising agency contract (hereinafter “instant advertising agency contract”) with C Co., Ltd. (C Co., Ltd. (C Co., Ltd. was declared bankrupt on May 26, 2017 and the Intervenor’s Intervenor was appointed as bankruptcy trustee (Seoul Rehabilitation Court Decision 2017Hahap10011); hereinafter “C”).

C Advertisement Agency Contract

1. Name of mooring: Acting as an agent in the F stations and vehicles;

2. Contract amount: KRW 200,000,000 won per day (excluding 2,100,000,000 per day); and

3. Contract bond: At least 10 percent of the total contract amount;

4. Payment deposit: At least 10% of the total contract amount.

5. Contract term: the contracting parties to the contract from the date of the conclusion of the contract to September 30, 2017 (hereinafter referred to as "A"): C Beneficiary Co., Ltd. (hereinafter referred to as "B"): Members as joint contractors of this contract are:

Members shall represent the plaintiff.

Members of a joint supply and demand organization: The advertising media that the term "B" shall perform as follows during the contract period:

1. Advertisements placed in F vehicles (30 Quantities);

2. Documents to be attached to the detailed quantity of advertisements (15 stations) at the F stations;

2. Advertisements and advertising facilities (hereinafter referred to as "advertisements, etc.") subject to the contract.

(3) Installation, maintenance, and management of advertising facilities, etc. (including electric facilities up to the second source of power supply), including all kinds of electric facilities) (4) Other matters listed in this contract terms and conditions, Article 5 (Contract Deposit) ① “B” shall be the insured of the contract amount (one percent or more of the total value-added tax included in value-added tax) in cash or “A” and shall be paid at the time of conclusion of the contract with the surety insurance policy, etc. for which “A” may be recognized.

(3)