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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The Plaintiff and B Co., Ltd. (the trade name before the change: C Co., Ltd.; hereinafter “B”) or the Defendant asserted that the Plaintiff and the Defendant are themselves and the Defendant, and the Defendant asserts that they are the Plaintiff and the Defendant. The following terms and conditions of the contract are indicated as “A” for convenience.
On March 28, 2009, the Plaintiff entered into a service contract related to the distribution of leaflets within the F region of Seo-gu in Gwangju-gu (hereinafter “instant service contract”). On March 28, 2009, Company B divided Gwangju into Seo-gu, Southern-gu, North-gu, Mine-gu, etc. and re-divided each Gu into several regions (for example, Gwangju-gu divided into J, K area, F area, etc.).
The contents of the part related to the instant case are as follows:
Article 2 (Scope of Service Contracts) (1) 1 The method of determining the service area - The plaintiff may engage in all the activities of distributing advertising lots within the scope prescribed by already discussed with Gap.
- Business jurisdiction area means a multi-unit apartment complex, etc. with which A has already installed and a new apartment complex for A to be added in the future;
② Plaintiff’s business - The business of starting the advertising site distribution already installed by Gap - The business of starting the advertising site distribution - The good faith and good faith for the distribution of advertising sites by Gap - The business of Gap - the business activities within the designated business jurisdiction (the Plaintiff’s business method) ③ The Plaintiff may be entrusted with the business of distributing advertising sites by Gap .
At this time, the leaflet shall be distributed in accordance with the pre-determined terms and conditions, and the price for the service shall be paid by A to the Plaintiff.
Provided, That with respect to the services directly received by the Plaintiff, the Plaintiff shall pay only the use fee for the distribution box of the leaflet.
Article 10 (Term of Contract)