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(영문) 서울중앙지방법원 2017.05.25 2016가단5214141
손해배상(기)
Text

1. The Defendant’s KRW 95,040,00 for the Plaintiff and 5% per annum from September 27, 2016 to May 25, 2017.

Reasons

. Facts of recognition.

A. On December 29, 2015, the Plaintiff entered into an advertising contract with the Defendant. The main contents are as follows.

(hereinafter referred to as the “instant advertising contract”). Article 1 (Purpose) of the instant advertising contract is to request the Defendant’s advertiser (the K-Kamba-Kamba, hereinafter referred to as the “Emba”) to display and manage advertising signs on the front LED electronic sign board operated by the Plaintiff, and to clarify the two parties’ obligations in good faith when the Plaintiff faithfully performs them.

Article 2 (Name of Contract) In the case of Cinematographic Advertising (hereinafter referred to as “instant Advertising”), monthly advertising fees are shown as monthly advertising fees for the display period (on a daily basis) of the contract to display the instant Advertising (hereinafter referred to as “the instant advertising”), and the amount of KRW 100,000 (including agency fees of KRW 10%) from January 3, 2016 to January 12, 2017 from January 2, 2017 * Additional Article 3 (Contract Period) separate to Part III (Contract Period) may be extended from January 3, 2016 to January 2 (1), 2017).

Article 4 (Obligation of Defendant) (1) The Defendant shall present the advertising materials to the Plaintiff not later than one day prior to the commencement of the advertisement as a video file so that the Plaintiff can display the advertisement smoothly (hereinafter “Obligation to provide the advertising materials of this case”).

(2) The Defendant’s advertising content should not be detrimental to public order and good morals, or contrary to relevant laws and regulations.

If it is deemed that the contents of an advertisement constitute such contents, the plaintiff may request the modification of all or part of the contents of the advertisement, or refuse to screen the advertisement.

3) The advertising fees shall be charged to the Defendant with the monthly advertising fees under Article 2 of this Agreement, along with the management report on the advertisement advertisement of the relevant medium prior to the end of each month by the Plaintiff, and the Defendant shall pay the said monthly advertising fees to the Plaintiff in cash before the end of the following month. Article 5 (Liability of the Plaintiff) 1) The Plaintiff shall endeavor to manage the Defendant’s advertisements during the contract period.

2) The Plaintiff shall submit the advertising display schedule once a month. 3) The display of advertisements is monthly.

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