1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The plaintiff is a company engaged in the production of advertisements, advertising agency business, etc., which concludes an advertising agency contract with E companies that operate the subway D 1 phase, and conducts advertising agency business in the first phase, the first phase, the second phase, and the defendant is a company that operates the subway D 2 phase.

B. On July 29, 2016, the Defendant decided to select an advertising agency contract in the subway D 2 phase prior to the subway phase by means of concluding a free contract through an electronic bid. The Plaintiff was selected as an advertising agency by presenting KRW 86,400,000 to the Plaintiff.

C. On August 11, 2016, the Plaintiff and the Defendant entered into an advertising agency contract (hereinafter “instant contract”) with the term of contract from August 31, 2016 to August 30, 2017 (hereinafter “instant contract”). Article 7(1) of the instant contract provides that the Defendant may reduce or exempt all or part of the advertising fees when it becomes impossible to add advertisements due to the Defendant’s circumstances.

On August 19, 2016, the Defendant sent to the Plaintiff information on the operation that the two-stage electric vehicle was 8 times to work at 4 minutes, and 10 times to work at 4 minutes, and that the Plaintiff reported a draft of the advertisement drawing on the 22th of the same month, and the Defendant sent the note that all the advertising lots were completed to the Defendant on the 30th of the same month.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 3, 4, and 6, the purport of the whole pleadings

2. The contract amount of the Plaintiff’s assertion is determined on the basis of the frequency of operation of subway D 1 phase electric vehicles, and the two-stage electric vehicles operated by the Defendant are merely 1/16 or 18 of the first phase due to the operation of the 4-stage electric vehicles operated only during the commuting to and from work and one-time operation, and thus, it was impossible for the Plaintiff to receive advertising, and this constitutes a case where the Defendant’s advertisement cannot be added due to the circumstances.

In addition, since the operation frequency and operation period of the electric vehicle are important matters in the conclusion of the contract, the defendant shall notify the plaintiff of the two-stage operation plan.