logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.01.12 2017나108
광고금반환대금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The plaintiff is a person who runs an advertising business for apartment facilities in the trade name of C, and the defendant is an autonomous organization composed of its occupants to manage Dongducheon-si B apartment (hereinafter "the apartment of this case").

B. On October 13, 2014, the Plaintiff entered into a contract for the installation of facilities with D, which requires that the Plaintiff shall be entrusted with the authority to install advertisements at the bottom of the said building on the condition that the Plaintiff install and repair the internal fence and bulletin board of the instant apartment, on condition that the Plaintiff would be entrusted with the authority to install advertisements at the bottom of the said building (hereinafter “instant contract”). Accordingly, around October 30, 2014, the term of the contract was determined from October 30, 2014 to October 29, 2016 (hereinafter “instant contract”). Accordingly, around October 30, 2014, the Plaintiff installed 14 inside fences and 14 bulletin boards of the instant apartment, and advertised at the bottom of the internal fence.

(hereinafter referred to as “instant advertisements”). (c)

Around October 7, 2015, the Defendant took measures to ensure that the instant contract was concluded by a non-authorized person so that the said advertisements do not appear by attaching a non-disclucent display site on the instant advertisement, on the grounds that it is null and void.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 2 and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The plaintiff's summary of the plaintiff's assertion entered into the contract of this case with D of the chief of the flag division delegated with the authority to conclude the contract in the presence of the representative of the apartment building of this case, and the defendant unfairly suspended the publication of the advertisement of this case during the contract period on the ground that the representative of the apartment building of this case was replaced. Therefore, the defendant must pay damages to the plaintiff a total of KRW 3.5 million for the internal sound and bulletin board production cost of each elevator and KRW 2.8 million for the two months required for the above production and damages for delay. 2) The contract of this case concerning the defendant's assertion.

arrow