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(영문) 서울중앙지방법원 2019.09.26 2019가단5079639
약정금
Text

1. The Defendant’s KRW 52,800,000 and KRW 26,400 among the Plaintiff’s KRW 52,00 per annum from March 2, 2018 to May 2, 2018.

Reasons

1. Basic facts

A. Plaintiff A is an individual entrepreneur engaged in bus transport business with the trade name of D, and Plaintiff B is a corporation engaged in passenger transport business.

Plaintiff

A is operating five village buses, while the plaintiff B is operating ten village buses in the E Group at the south of each city.

B. On December 7, 2016, the Plaintiffs and the Defendant concluded a contract for the use of bus advertising media (hereinafter “instant advertising contract”) with the Defendant to grant the Defendant the right to use the said 15 village bus operated by the Plaintiffs as a medium.

The main contents of the instant advertising contract are as follows.

The following provisions shall be faithfully implemented between the bus advertising contract B, D (hereinafter referred to as "A") and C (hereinafter referred to as "B") and the bus advertising contract shall be concluded as follows:

Article 1 (Purpose of Contract) The purpose of this Agreement is to hold external and internal advertising rights to buses A.

Article 2 (Subject Matter of Contract)

1. Advertisements: The entire external or internal commercials;

2. 수량: 갑의 산하 마을버스ㅡ 전체 제4조 (계약기간) 계약기간은 2017. 3. 1.부터 5년간으로 하고, 계약종료 1개월 전 쌍방 합의하여 계약기간을 연장할 수 있다.

Article 5 (Charges for Use of Media)

1. “B” shall be paid in advance every one year for the payment of the user fee of media to “A”: In 24,000,000,000

(Payment by March 1 of each year)

2. The user fee of media shall be increased by consultation within KRW 00,000 through KRW 00,000 after three years.

3. Reserve automobiles shall be excluded from the fees for the use of media;

4. The increase of 130,000 won per month for each vehicle increased by "A" and the reduction of 130,000 won per month for each vehicle at the time of reducing the number of vehicles shall be calculated and paid by settling accounts before the payment date of advertising fees for the following year.

5. The advance payment of KRW 4,000,000 as down payment shall be made and on March 1, 2017, the media user fee of KRW 20,000,000 shall be paid.

Article 6 (Termination of Contracts)

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