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(영문) 서울중앙지방법원 2013.09.13 2011가합57604

손해배상(기)

Text

1. The Defendant’s KRW 202,668,646 as well as its annual 6% from June 8, 2011 to September 13, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company mainly engaged in advertising agency business, the manufacture and sale of railroad advertisements, the manufacture and sale of outdoor advertisements, etc., and the Defendant is a public corporation that operates the Seoul Metropolitan Government Urban Railroad Corporation established pursuant to Article 49 of the Local Public Enterprises Act and the Seoul Metropolitan Government Ordinance on the Establishment of Urban

B. On January 7, 2003, the Plaintiff and the Defendant concluded a contract for the installation of a so-called “the instant contract” with the Defendant (hereinafter “instant contract”).

Article 1 (Subject Matters of Establishment) The objects of installation of the historic entrances shall be 21 stations, such as 5 lines transmitting stations, 34 stations, and the possibility of installation at the time of submitting the expanded installation plan for the plaintiff shall be determined by Gap (Defendant) after review.

Article 2 (Conditions for Establishment) B shall complete the installation of the object for the purpose of establishment under Article 1 at the expense of Section 1 and donate it to Section 1, and Section 1 shall grant Section 2 the right of free advertising for a period of nine years and three months from the date

Article 6 (Cancellation of Approval for Installation and Restoration Obligation) (1) Where it is impracticable to install within the construction period referred to in Article 4 due to a civil petition, etc. for installation, A may cancel the approval for installation, and in such cases, B shall restore all facilities to the original state at the expense of B.

(2) Where the Seoul Metropolitan Government or A needs public interest, it may request the relief of the extension of the historical entrance, the alteration of structure, the restoration to its original state, etc., even during the contract period, and in such cases, A and B shall enter into an agreement

Article 8 (Attachment and Removal of Advertisements) (1) No advertisements falling under any of the following subparagraphs shall be added up:

1. Advertisements in conflict with relevant Acts and subordinate statutes. (2) Where any of the following grounds has occurred, B shall remove the relevant advertisements within ten days from the date of occurrence:

1. Where the contract period expires or the contract is terminated;

2. 3. B when the approval of the prize is revoked.