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(영문) 서울중앙지방법원 2017.11.09 2016가단5199556
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an advertising agency that performs the role of exposing online advertisements by connecting it with an advertising platform company or advertising media on behalf of an advertiser through an entrustment contract with an advertiser.

B. The Defendant is an advertising platform that provides an advertiser’s face value exposure in the upper end when the seller who sells goods in a rooftop or Gmarket selects a specific “high speed”, which is an advertising medium, by leasing a part of the website from an office or Gmarket, to a certain area of the website (the Defendant is an advertising platform that provides the advertiser’s face value exposure in the case where the seller who sells the goods in the rooftop or Gmarket searches the key face value. However, if the consumer moves from the exposed page to the page registered by the advertiser, the Defendant is an advertising platform that provides the advertiser with the advertising fee in accordance with a certain standard.

C. The Defendant has concluded an agency contract with a specialized advertising agency for the purpose of providing its key advertising services smoothly and performing the work of securing advertising fees, securing advertisers and managing advertising performance on behalf of himself/herself. The Plaintiff also is one of the advertising agencies that concluded an advertising agency contract with the Defendant.

In other words, the conflict and the defendant set the contract term on January 1, 2013 by setting the contract term as six months, and concluded the KIKO advertising agency contract and maintained the contract by December 31, 2014. The plaintiff was transferred the status of the contract from the conflict communications with the consent of the defendant.

The main contents of the contract dated 1, 2014 (hereinafter “instant contract”) between the original and the defendant, which is the last contract between the original and the defendant, are as shown in the attached Form.

On the other hand, the advertiser recruited by the advertising agency such as the plaintiff should join the web page operated by the defendant to the "advertising Center."

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