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(영문) 서울중앙지방법원 2018.09.12 2018가단5007057
부당이득금
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. On August 29, 2014, Defendant (hereinafter “Defendant”) entered into a lease agreement with the Plaintiff by setting up an advertising tower (hereinafter “instant advertising tower”) on the rooftop of the Seocho-gu Seoul Building (hereinafter “instant rooftop”) owned by the Plaintiff, with a view to installing and posting the client’s advertisement, for the purpose of installing and posting the advertising on the instant rooftop, the Plaintiff entered into a lease agreement between the Plaintiff by setting up a advertising tower (hereinafter “instant advertising tower”) on August 29, 2014.

(hereinafter “instant lease agreement”). B.

At the time of the conclusion of the instant lease agreement, the Plaintiff and the Defendant entered into a special agreement stating, “When the contract with the advertiser is terminated earlier due to the shielding of the advertisement during the contract period, this contract shall be deemed terminated automatically, and the Plaintiff shall return the rents paid in advance after the termination to the Defendant.”

(hereinafter “instant special agreement”). C.

From September 4, 2014 to September 3, 2015, the Defendant entered into an advertising contract with C Hospital’s representative director (hereinafter “instant advertising contract”) with the content that C Hospital’s advertising materials should be installed and posted at the instant advertising tower from September 4, 2014 to September 3, 2015. The Defendant and C agreed in the instant advertising contract that “In the event that the shield of the E Station direction of the E Station is generated due to the surrounding building even during the contract term, the advertising contract shall be automatically terminated, and the advertisement fee for the pertinent month shall be calculated on a daily basis.”

After the conclusion of the instant advertising contract, the Defendant posted C Hospital to the instant advertising tower, and around October 2014, the Defendant installed a string for the new construction of the building in the vicinity of the B building, and the shielding was generated on the advertising surface of the instant advertising tower.

C has caused the shield as above to the defendant.

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