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(영문) 서울중앙지방법원 2015.10.14 2014가단5188842
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the director of a medical institution that conducts a sexual intercourse, etc. with the name of “B Council member,” and the Defendant is a company that runs the business of producing web site, online advertisement, etc.

B. On August 28, 2013, the Plaintiff and the Defendant entered into an online advertising agency contract (hereinafter “instant advertising agency contract”) with the content that the Defendant posted B’s original advertising advertisement on the Internet advertising media (hereinafter “instant advertising agency contract”). The main contents of the said contract are as follows.

1) Online advertising means online advertising and advertising conducted on the Internet media, such as online distribution advertising and keyboards, alliances, and PR.

B) Media refers to any site that can display an advertisement on the Internet and any similar Internet dispute, and a medium may be added or excluded under the judgment of the defendant. C) Advertising fee means the total advertising fee paid by an advertiser as consideration for an advertisement (including strategic development expenses, production expenses, and system maintenance fees) conducted on the Internet media. D) agency fee means a fee paid to the defendant as consideration for the performance of an advertising agency business entrusted by the plaintiff pursuant to the terms of this contract. (2) The plaintiff requests the defendant to post an online advertisement on the Internet medium, and the defendant acts on behalf of the defendant to post the online advertisement requested by the plaintiff on the relevant Internet medium.

In the case of the exclusive integrated advertisement, the defendant has the exclusive authority in the planning of strategies, such as selection and change of media, execution of amount, etc.

3. The defendant shall take charge of the application for the progress of advertisement and the support for operation for the advertisement requested by the plaintiff.

C. According to the instant advertising agency contract, the Defendant refers to “D” by entrusting the so-called rap company, which is the so-called rap company with the total sales right to publish the advertisement on the Internet media from October 14, 2013 to December 14 of the same year.

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