(영문) 서울중앙지방법원 2017.04.04 2016가합547331

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.04.04 2016가합547331

투자금 반환 청구의 소

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 representative director B of a corporation established for the purpose of manufacturing, selling, installing, operating, etc. outdoor advertisements, and the defendant is a corporation with the purpose of advertising agency business.

B. From December 2009, the Defendant installed and operated an ED electronic sign board (hereinafter “instant electronic sign board”) with a size of 14.4m wide and 8.2m long on the wall surface of the 15th floor of Gangnam-gu Seoul Metropolitan Government C building from December 2009.

The electronic display board of this case may broadcast up to 20 hours per day on a maximum of 18 hours (up to 20 seconds per Part 1) advertising (up to 150 times per Part 1) and, excluding public-interest commercials of 5, it is possible to broadcast 15 times advertising.

C. On February 22, 2009, the Plaintiff purchased the right to post two advertisements using the instant electronic display board from the Defendant to KRW 245,00,000,000; however, on February 23, 2009, KRW 50,000 shall be paid on the same day; and on the other hand, KRW 195,00,000 shall be paid at the time when the Defendant obtained permission to display advertisements, etc. from the competent authority (hereinafter “instant agreement”).

The details of the instant agreement are as follows.

1. The defendant shall have overall responsibility for the lease of walls and the manufacture, operation and management of electronic display boards.

2. The Plaintiff shall invest 245,00,000 won in the Defendant, and has the right to operate two of the 15 electronic display units of this case.

3. The period of rights shall be until the date a situation relating to the electronic sign board of this case exists.

4. The advertising fees per unit shall, in principle, be 6,00,000 won and shall be adjusted through mutual consultation when selling internships.

5. If an electronic display board is not maintained smoothly for any reason, or cannot be removed or advertised, the defendant shall compensate the plaintiff for the total amount of the investment.

6. When transferring to a third party, a decision shall be made through mutual consultation and the amount of 2/15 of the transferred amount shall be entitled to the Plaintiff.

The plaintiff, pursuant to the agreement of this case, is the defendant on 209.

유사 판례

-서울동부지방법원 2020.06.17 2019나24959

-수원지방법원 2016.06.23 2015나40927

-서울행정법원 2012.12.27 2012구합9338

-서울중앙지방법원 2015.04.08 2014가합526767

-창원지방법원마산지원 2020.02.20 2019가단102195