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(영문) 수원지방법원안산지원 2017.07.21 2016가단72153
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts constituting the premise

A. A. Around September 2009, the Plaintiff entered into an entrustment contract with the Ansan Facilities Management Corporation and the term of operation from September 1, 2009 to August 31, 2014 with the content that the Defendant entrusts the Plaintiff with the operation of the banner designated display stand (hereinafter “instant entrustment contract”) as follows.

[Agreement on the Trust of Designation of Placards] Article 5 (Details of Entrustment) The plaintiff shall accept the application for banner, attach, remove, and dispose of the banner on his/her behalf, and shall comply with the following subparagraphs:

1. It shall introduce and operate programs for receiving applications for banners in order to ensure transparency in the operation of banners and enhance citizens' convenience;

Article 6 (Operational Method) The method of receipt of a banner shall be operated in parallel with the Internet.

B. On August 20, 2013, the Defendant issued an administrative disposition to the Plaintiff as of August 21, 2013 on the ground that the Plaintiff violated the instant consignment contract by violating the posting period of banner and posting commercial banner on the corrective relief board, etc., and notified the Plaintiff of the following implementation details.

[Performance (Compliance)] - With respect to the portion posted on September 30, 2013, for which a notice was finalized after receipt of the report on a banner prohibiting the receipt of the application for a banner posted on October 2013 (13.8), the application shall be received and the lottery management shall be made at Ansan City by being incorporated into the posting stand for general banner by September 30, 2013 (13.9.1. (10.) from September 1, 2013 to the posting stand for general banner by September 30, 2013.

C. The Plaintiff filed an administrative litigation seeking revocation against the Defendant’s administrative disposition as of August 20, 2013 (U.S. District Court 2013Guhap13595) and filed an application for suspending the execution of the above administrative disposition on the ground that there is a risk of irreparable damage to the Plaintiff, and issued a notification of the termination of the entrusted contract for the designated display stand for a public banner as of September 25, 2013, the Suwon District Court 2013Da1079, Sept. 20, 2013.

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