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(영문) 서울중앙지방법원 2015.04.28 2014가단76241
손해배상금
Text

1. The Defendant shall pay to the Plaintiff KRW 57,593,30 and the interest rate of KRW 20% per annum from October 29, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. On August 201, the Plaintiff entered into a contract on the instant advertising agency contract with Hansung S&C Co., Ltd. and with respect to LED and L CD advertising board installed on the wall surface of the Busan Jin-gu Media Port (hereinafter “instant advertising agency contract”). From February 1, 2012 to January 31, 2022 (10 years), monthly user fee of KRW 26,400,000 (hereinafter “instant advertising agency contract”).

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 agreement and to equally distribute the profits and losses arising therefrom, one-third of each of them.

(hereinafter referred to as the instant trade agreement) C.

After the instant business agreement, the Plaintiff terminated the instant advertising agency contract on July 31, 2014.

With respect to the instant advertising agency contract, total loss from the date of the instant trade agreement to July 31, 2014 is KRW 172,779,990.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 17, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff 57,593,30 won (i.e., 172,779,90 won x 1/3) incurred by the defendant pursuant to the instant trade agreement among total loss of 172,779,90 won under the instant advertising agency contract from October 29, 2014 to the day of full payment of the claim for damages calculated at the rate of 20% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from October 29, 2014 to the day of full payment.

B. On January 31, 2014, the Defendant’s assertion 1) paid the settlement amount to the Plaintiff by the time the agreement on the instant trade agreement was terminated. Therefore, the Defendant is not liable to the Defendant for the damages incurred in relation to the instant advertising agency contract after the agreement was terminated. 2) The instant trade agreement is terminated only by the descriptions of the evidence Nos. 1 through 9.

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