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(영문) 서울중앙지방법원 2015.01.22 2014가합40089
보험금지급청구권 부존재확인
Text

1. Of the instant lawsuit, the Defendant’s guarantee insurance contract for Seoul Guarantee Insurance Co., Ltd. is based on the attached Form.

Reasons

1. Basic facts

A. On January 24, 2014, the Plaintiff entered into an advertising agency contract with the Defendant for the integrated guidance map of the Seoul subway 1 to 4 lines (hereinafter “instant contract”). The main contents are as follows.

Contract amount: 15,89,449,944 won contract bond: 1,589,945,00 won contract period: from January 24, 2014 to May 23, 2020 contract term (payment and disposal of contract deposit) Article 4 (Payment and Disposal of Contract Bond) ① The Plaintiff shall either pay in cash at least 10/100 of the contract amount at the time of concluding a contract as prescribed by the Defendant, or submit it to the performance guarantee insurance policy or bank guarantee certificate, etc. under a special contract for fixed amount compensation.

③ If the instant contract is terminated or terminated due to a cause attributable to the Plaintiff, the contract bond shall belong to the Defendant.

Article 5 (Payment and Settlement of Payment Guarantee Money) (1) In order to guarantee the performance of a contract, such as unpaid advertising fees, and removal of advertising facilities, etc. when the contract expires or even if the contract is terminated, the plaintiff shall pay in cash at least 10/100 of the contract amount at the time of the conclusion of the contract, as prescribed by the defendant, or submit it to the performance guarantee insurance policy or bank guarantee certificate, etc.

(3) Where the contract of this case has been terminated due to the expiration of the contract period or the cause attributable to the plaintiff, the defendant may appropriate the following bonds as payment deposit:

1. Commissions, advertising materials, or advertising materials;

2. Expenses incurred in installing facilities not installed, removing, relocating, or restoring such facilities to their original state;

3. Article 6 (Payment of Advertising Fees), such as expenses for vicarious execution, etc. (1) The plaintiff shall pay to the defendant the advertising fees for the relevant month, which are divided into the contract amount by the number of contract months, regardless of the performance of the advertisement slip (information slip), by the end of each month.

Provided, That the first monthly advertising fee may be paid on a daily basis, including the monthly advertising fee for the following month.

(2) The period of installation of the comprehensive digital guidance map (four months from the date of commencement of the contract).

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