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(영문) 서울중앙지방법원 2019.08.22 2018가합587722

손해배상(기)

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. The plaintiff is a corporation whose main business purposes are commercial space designs, such as indoor interior interior interior interior decoration, furniture production, landscaping, traffic, sponsing, display display, and advertisement production. The defendant is a corporation that mainly provides integrated advertising services, such as manufacturing and selling advertising equipment, advertising planning advertising media operation advertising advertising agency, advertising agency, etc.

B. On September 17, 2014 and July 25, 2016, the Plaintiff and the Defendant respectively concluded a basic subcontract agreement including the following:

In order to determine the basic matters commonly applicable to subcontract transactions for the advertising industry, the principal contractor and the subcontractor shall conclude a basic subcontract contract as follows:

1The purpose of this Agreement is to present the standard subcontract terms and conditions for the conclusion of a fair subcontract between the defendant and the plaintiff in the conclusion of the subcontract agreement for the production of advertisements, such as TV, promotional video, radio, newspapers, magazines, online advertisements, etc. between the advertising enterprisers.

Article 4 Details and establishment of a contract (1) The defendant and the plaintiff shall set necessary conditions on the contents of the contract, entrustment date, time and place of provision, method and time of inspection, subcontract consideration, method and time of payment, and other important matters prescribed in Article 3 of the Subcontract Act and Article 3 of the Enforcement Decree of the same Act, such as the contents of the advertisement production (in accordance with the definition of Article 2 of the Fair Transactions in Subcontracting Act (hereinafter referred to as the "subcontract Act"), such as TV, promotional image, radio, newspapers, magazines, online advertisements, etc. through individual contracts.

A statement of calculation shall be attached to an individual contract, and an individual contract shall be part of the entire contract together with the contract.

(2) Any content contrary to this contract or in violation of the Subcontract Act, the Monopoly Regulation and Fair Trade Act, and relevant statutes, among individual contracts, shall not be disadvantageous to the Plaintiff.