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(영문) 서울중앙지방법원 2015.04.10 2014가합42313

손해배상(기) 등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Defendant B, who operates E, promoted the business of acquiring the right to operate the commercial advertising platform on condition that the pertinent permission is granted by the licensing authority in connection with the instant advertisements, and entered into a contract with Defendant C and D with the following contents:

Section 1 (Purpose of Contract) The purpose of this Agreement is to stipulate the roles and needs of each of the parties in jointly operating electric sign board advertisements to be installed on the F D Building rooftop by Gap (Defendant B) and Eul (Defendant C).

Article 4 (Contents of Business) A shall transfer to B two parts of the six electric sign board commercial advertisements in which rights have been acquired from the copyright holder media, and both parties shall independently operate the business and belong to their profits, respectively. (ii) B shall bear all the expenses related to the permission to install the electric sign board, the electric seal fee, and the cost of transmission and management of the electric sign board.

3) B shall pay 3,00,000 won to A on the 25th day of each month from the date of this contract to the 12th day of each month. 6) B must do its best to obtain permission for installation of electronic displays from the authorities after the contract with the media, and even if it is deemed impossible to obtain permission, this contract shall be automatically extinguished.

1) Article 2 of the Act on the Joint Business of Advertising Advertisements with Defendant B and Defendant C on September 23, 2009 (Subject to the premise of the contract)

1. This contract shall be concluded on the premise that Eul (Defendant B) (the advertising agency) shall obtain permission for the installation of advertisements from the competent permitting agency and implement it.

Article 5 (Distribution of Organizational Units of Advertisements in Electronic Display)

1. Except for the public interest advertising hours pursuant to the relevant Acts and subordinate statutes, the total operating unit shall be 25 commercial advertisements based on 20 seconds;

2.A(D) has the right to a commercial advertisement of 19 units.

3.B shall have the right of six accounts for commercial advertisements in the 25-Gu commercial advertisements.

[Matters of special agreement]

1. Permission for the installation and operation of advertisements referred to in Article 2 on January 2010;