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(영문) 대구지방법원 2018.02.01 2017가합204548
구상금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 17,151,59 as well as the full payment from March 21, 2017.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The plaintiff is a corporation established pursuant to Article 53 of the Passenger Transport Service Act with the members of A urban bus transportation companies as its members, and the defendant is a company established for the purpose of advertising agency business.

B. On December 22, 2005, the Plaintiff entered into a contract with C on the internal advertising of urban buses with the condition that C perform the maintenance, repair, management, etc. of the Plaintiff’s platform and bus stop display facilities (hereinafter “instant advertising contract”).

In order to install, operate, and manage platforms and facilities indicating bus stops installed at points of passengers' getting on and off the bus service route A (including seat buses) under the internal advertising contract, the A Bus Transport Business Association (hereinafter referred to as the "A") and C (hereinafter referred to as the "B") shall be concluded and implemented in good faith as follows:

Article 1 (Classification of Facilities)

1. Platform facilities (open platform facilities) mean convenience facilities for citizens, which are installed and managed by organizations of local autonomy; and

2. Facilities displayed by urban bus stops means facilities attached to a transportation business operator, which are installed in the operation system, terminal, bus stops, etc. under Article 12 (1) of the Enforcement Rule of the Automobile Transport Business Act.

Article 2 (Duty to Manage Facilities) Facilities for urban bus stops shall be installed by the urban bus transportation business entity A and the "B" shall be faithfully performed by the contract for the maintenance of facilities for bus stops under the agreement with the "A".

Article 3 (Installation, Maintenance, and Management of Facilities to Be Displayed at Fixed Place)

1. The direction of “A” or authorities is given due to the occurrence of factors, such as the installation, extension, relocation, removal, etc. of facilities indicating urban bus stops.

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