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(영문) 서울중앙지방법원 2017.06.27 2016가합508541

광고물 상영 청구 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s representative director B, including the electric display board installed in the attached list of the Plaintiff’s representative director, shall install the electronic display board indicated in paragraph (1) of the attached Table on the Seocho-gu Seoul Metropolitan Building rooftop (hereinafter “instant electronic display board”) around 2007, and around that time, obtained permission from the head of Seocho-gu to display the outdoor advertisement, etc. on the instant electronic display board

B. In transferring all the rights to the instant permission right between the Plaintiff and the Defendant, including the conclusion of the contract for transfer of the right to permission on the LE electronic sign board between the Plaintiff and the Defendant, the contract is concluded as follows.

Article 1 (Purpose) The purpose of this Agreement is to transfer all the rights acquired by the Plaintiff from the Seocho-gu Office to the Defendant.

Article 2 (Subject Matter of Transfer) All the Permission Rights of the Electronic Display Board of this case. Article 3 (Method of Transfer and Acquisition and Method of Payment)

1. The plaintiff transfers the right to permission to the defendant instead of the amount of default due to the defendant.

2. The Plaintiff may not engage in any act hindering the continuation of the transferred article.

3. The Plaintiff is not entitled to enter into a contract with a third party for the transfer of the right to permit the transfer of this contract after entering into the contract with the Defendant.

4. The Plaintiff shall provide the Defendant with all administrative procedures necessary for the change of name, simultaneously with the contract, and the Defendant bears all the administrative procedures necessary for the change of name.

1) On November 28, 2007, the Plaintiff entered into the instant electronic sign board contract with the Defendant for the maintenance, repair, and operation and management of the said electronic sign board and entrusted its operation. However, due to business difficulties, the Plaintiff failed to pay the commission for the entrusted operation. On March 13, 2012, the Plaintiff entered into a contract with the Defendant on the transfer of the instant electronic sign board license in lieu of the payment of the commission for entrusted operation (hereinafter “instant contract”).

(2) On March 13, 2012, the Plaintiff’s representative director and the Defendant concluded a contract.