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(영문) 서울고등법원 2018.06.20 2017나2061783
계약보증금 반환 청구
Text

1. Of the judgment of the court of first instance, the part of the judgment against the defendant bank is modified as follows.

Defendant.

Reasons

1. Basic facts

A. The status B of the party is a company aimed at subway broadcasting and advertising, etc., and the plaintiff is its representative director.

On May 31, 2017, when the first instance trial is underway, Defendant Seoul Metropolitan Government Urban Railroad Corporation was established through a merger between Defendant Seoul Metropolitan Government and Seoul Metropolitan Government Urban Railroad Corporation, based on the Ordinance on the Establishment and Operation of the Local Public Enterprises Act and Seoul Urban Transport Corporation, and the special public service corporation aimed at the construction and operation of the Seoul Metropolitan Government Urban Railroad.

B. On October 14, 2010, Defendant Seoul Transport Corporation entered into an advertising agency contract with Defendant Seoul Transport Corporation as the contract amount of KRW 2.43 billion, monthly advertising fees of KRW 34,500,000,000, monthly advertising fees of KRW 34,050,000, and the contract term from October 14, 2010 to December 31, 2015 (one year and two months including the system construction period of two months), and entered into an “advertising agency contract with the C (hereinafter “instant contract”). The main contents are as follows.

Article 1 (Purpose) The purpose of this Agreement is to provide for matters necessary to contribute to the improvement of passenger services by operating a system under which B may operate a line guidance, public interest promotion, living information, and various videos in real-time (hereinafter referred to as “On-Line”) within the C Jeon-dong operated by the Seoul Urban Transport Corporation, and by providing various information to passengers using the subway to contribute to the improvement of passenger services.

Article 2 (Scope of Business Affairs) ① All business affairs necessary to display the intra-party guidance programs, various information programs, advertisements, etc. in images and letters, such as the use of intellectual property rights to the installation and operation of the intra-party guidance devices. ④ All business affairs related to the display of letters and images, such as the use of intellectual property rights to the installation and operation of the intra-party guidance devices. ④ All business affairs related to the advertising business using the intra-party guidance devices; ⑤ Payment of the contract deposit under Article 8, such as matters listed in the other contract terms.

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