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(영문) 서울중앙지방법원 2016.01.22 2015나26992
손해배상금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The defendant is against the plaintiff succeeding intervenor 57,593.

Reasons

1. Facts of recognition;

A. On August 201, the Plaintiff entered into a contract on the instant advertising agency contract (hereinafter “instant advertising agency contract”) with the Busan-gu Busan-gu Media Republic of Korea (hereinafter “instant advertising agency contract”) with respect to LED established on the wall surface of the Busan-gu Media Republic of Korea (hereinafter “instant advertising agency contract”) from February 1, 2012 to January 31, 2022 (10 years), monthly user fees of KRW 26,400,000 (excluding value-added tax).

B. On February 1, 2012, the Plaintiff, the Defendant, and the Company B entered into an agreement with each other to jointly receive an advertisement based on the instant advertising agency contract and to equally distribute the profits and losses therefrom one-third in each of them.

(hereinafter referred to as “instant trade agreement”). (c)

On July 31, 2014, as the Plaintiff continued to incur losses after the instant business agreement, the Plaintiff terminated the instant advertising agency contract by requesting the Hansung S&C Co., Ltd.

With respect to the instant advertising agency contract, the Defendant’s loss is KRW 57,593,330 as a result of the settlement of accounts under the instant trade agreement.

E. Meanwhile, the Plaintiff wasd on July 15, 2015.

On July 30, 2015, the claim for the settlement of accounts stated in paragraph (1) was transferred to the Plaintiff’s succeeding intervenor, and notified the Defendant of the assignment of the claim.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 16 (including each number), Eul evidence 11, the purport of the whole pleadings

2. As to the plaintiff's claim for the payment of the above settlement amount against the defendant, the defendant has already transferred the claim for the settlement amount to the plaintiff's succeeding intervenor, and therefore, the lawsuit of this case should be dismissed as there is no interest in the lawsuit.

In a lawsuit for performance, the standing to be a party is to be proved within the subject matter of the lawsuit, and whether there is the right to demand performance or not. Therefore, the defendant's above assertion is without merit.

3. Judgment on the merits

A. According to the above facts of determination as to the cause of the claim, the plaintiff is the defendant.

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