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(영문) 서울동부지방법원 2020.06.17 2019나24959
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On August 24, 2018, when the lawsuit of this case is pending, the Plaintiff Company A (hereinafter “A”) is a corporation that is engaged in the sale and installation of electronic displays, and the trustee in bankruptcy took over the lawsuit of this case, and the Defendant is an individual entrepreneur who operates the lease business.

B. 1) The Defendant, around September 2014, entered into the instant joint project agreement (hereinafter “D”).

(2) On the roof of the building in Busan, Busan, the joint agreement on the installation, operation, and advertisement of the electronic display system (hereinafter “instant trade agreement”) and the electronic display system operated under the instant trade agreement shall be referred to as the “instant electronic display system.”

(2) Article 5(4) of the instant Trade Agreement provides that “The instant provisions shall be referred to as “the instant provisions.”

) Article 3 [Period of Contract] The term of this Joint Project shall be from 01 September 201, 2014 to 31 August 2017 (3 years). Where a project is continued in the present building even after the expiration of the term of contract, “A” (the defendant; hereinafter the same shall apply) shall first consult with “B (D; hereinafter the same shall apply).” Article 5 (Investment Obligations)

4. “A” shall pay KRW 25,000,000 for the reinforcement expenses for the electronic sign board advertising business in cash to “B” within three years (not later than August 31, 2017) from the date of the contract, and shall invest “A” for the permission for outdoor advertisements and the right to lease of a place in cash.

(Provided, in the event of failure to comply with Section 4 of Article 5 of this Agreement, the outdoor advertising permit rights, the right to lease a place, the right to lease an electronic sign board file structure, etc. invested by “A”, and without any condition, the transfer to “B” shall be made in the name of “B” and, without delay, the rate of 8 per cent per annum from the expiration of the payment due date to the completion of the payment shall be added.

1. A and B are public service advertising rights during the term of this contract.

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