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(영문) 서울남부지방법원 2016.12.16 2016가합107531

공작물 철거청구 등

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) Attached Form 1 of Yangcheon-gu Seoul, Yangcheon-gu, 406-43, and 916-1.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On April 20, 2008, the Plaintiff entered into an agreement on the operation and management of advertising facilities with the Defendant and the Defendant established and operated the Plaintiff’s modern department stores, etc., and paid monthly user fees to the Plaintiff (hereinafter “instant agreement”). The main contents are as follows.

Article 2 The term of the contract shall be from March 1, 2008 to February 28, 2016, and the contract shall be entered into in four consecutive years.

The extension of a contract at the expiration of the contract term shall be automatically extended under the same conditions, unless there is a separate name by document.

Article 3 (Use Fee) of the object of a contract under Article 3 of the Section 4 (Lease) of the Section 4 of the object of the contract of the Section 3 of the Section 4 of the Section 4 of the Section 4 of the Section 3 of the Section 4 of the Section 4 of the Section 4 of the Section 3 of the Section 4 of the Section 4 of the Section, in the case of the location where the kinds of advertisements are installed, 30,000 won per month

제5조 (광고내용) 연결통로의 라이트패널 광고내용을 표시� 때는 원고의 경쟁업체(롯데, 신세계 등)는 게재하지 않으며, 광고물 표시 전 사전 협의한다.

B. From August 2015 to December 2015, the Defendant delayed user fees. The Plaintiff expressed his/her intent to terminate the instant contract by delivering a copy of the instant complaint, and the Plaintiff reached the Defendant on January 12, 2016.

C. At present, the defendant currently operates and manages one advertising facility installed at the time of display of the annexed drawing No. 1, 12 advertising facilities installed at the annexed drawing No. 6 through 17, 13 advertising facilities installed at the annexed drawing No. 22 through 34, 5, 10 advertising facilities installed at the annexed drawing No. 43 through 52, 5 advertising facilities installed at the annexed drawing No. 2, 5, 5 advertising facilities installed at the annexed drawing No. 57, and 1 advertising facilities installed at the annexed drawing No. 38 (hereinafter “instant advertising facilities”).

[Ground of recognition] Unsatisfy, A 1 to 7, and .