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(영문) 대전지방법원 2016.01.13 2014가합105633

약정금

Text

1. The defendant,

A. From January 6, 2014, Plaintiff A Co., Ltd. with respect to KRW 28,027,918 out of the amount of KRW 60,03,397 and the above amount.

Reasons

1. Basic facts

A. Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) and Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) are companies running a stop and parking lot business. The Defendant is a company running advertising business, advertising agency business, indoor advertising installation and manufacturing business.

B. The Plaintiff A newly constructed and operated the Daejeon Dong-gu, Daejeon, and two lots of land B (hereinafter “instant library”) and the Plaintiff B newly built and operated the instant hall and three lots of land B (hereinafter “instant hall”).

C. On April 7, 2011, Plaintiff A entered into an advertising operation right agreement with the Defendant on a contract amount of KRW 1,254,000,000 (excluding value-added tax) and the contract period from December 1, 201 to November 30, 2021, stipulating that the Defendant leased advertising inside and outside the instant book to build, operate and manage advertisements and private persons (hereinafter “the first advertising operation right agreement”).

The details of the contract related to the instant case are as shown in attached Table 1-1.

Plaintiff

B On April 7, 2011, between the Defendant and the contract amount of KRW 836,00,000 (excluding value-added tax) and the contract period from December 1, 201 to November 30, 2021, B entered into an advertising operation right agreement with the Defendant to provide that the Defendant shall install, operate, and manage advertisements and private persons by leasing the inside and outside advertisements in the Dong museum of this case (hereinafter referred to as “the second advertising operation right agreement”).

The details of the contract related to the instant case are as shown in attached Table 1-2.

E. On June 18, 2012, the Plaintiffs entered into a modified contract with the Defendant with the same content as the attached Table 2-1 regarding each of the instant advertising management rights agreements.

F. On July 23, 2012, the Plaintiffs changed part of the content of the Agreement on Amendment to the Advertising Operation (Evidence A No. 5) (Evidence 5) between the Defendant and the Defendant on June 18, 2012 as shown in [Attachment 2-2].

G. On October 4, 2012, the Plaintiffs were not paid to the Defendant by October 16, 2012, as to the Plaintiff A of the portion of the amount of the first year agreement by October 16, 2012.