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(영문) 인천지방법원 2015.05.15 2014가합54430
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in combination with the purport of the entire pleadings in the entries in Gap evidence of heading 1 to 13 (including branch numbers; hereinafter the same shall apply), Eul evidence of heading 1 to 5, Eul evidence of heading 1 to 5, and Eul evidence of heading 1:

The status of the parties is a non-corporate group comprised of representatives of the above apartment building in order to manage the apartment building A (hereinafter “the apartment of this case”). Defendant C was appointed as the first president of the Plaintiff around August 201 and served until May 201, and Defendant B is a person engaged in advertising planning business under the trade name of “D”.

B. Conclusion of an installation contract, such as a leafletbox, [Co., Ltd.] : A apartment management office B: A: The purpose of Article 1(Purpose) of D is to promote common interests and development on the basis of mutual cooperation and good faith by prescribing various matters to be performed between A and B for the installation, operation, and management of a leaflet at the main entrance and exit of an apartment complex or at the entrance of an elevator for the purpose of realizing a clean apartment environment by distributing it without permission in an apartment complex and blocking illegal leaflets attached thereto.

II.(Basic Contracts)

1. B shall contribute development funds to A after the council of occupants' representatives is organized;

2. B shall produce leaflets, and install, operate and manage them at a designated place in consultation with Party A;

Article 3 (Term of Contract) When the council of occupants' representatives is organized, it shall be decided through consultation.

The leaflet box established in Article 7 shall belong to the management office of the apartment, and the management of the facilities shall be faithfully managed by the installation company.

Article 8 (Period of Contract) A cannot enter into a contract with the same type of business related to the same advertisement other than the items installed in D during the contract period.

The advertising items described in the approval letter shall be within the limit of the items and quantities described in the approval letter.

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