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(영문) 서울북부지방법원 2016.06.10 2015가단111737
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 1, 201, the Plaintiff, who operates an advertising agency of C, concluded a contract with D Co., Ltd. (hereinafter “D”) on behalf of the Plaintiff on the outside part of the bus owned by Myang Transport Co., Ltd. (hereinafter “Myang Transport”), from December 1, 201 to November 30, 2013, on the advertisement of the inside part of the bus owned by Myang Transport Co., Ltd. (hereinafter “Myang Transport”).

B. Around October 2013, D demanded that the Plaintiff increase the deposit money for the said advertising agency contract, the Plaintiff refused to renew the said advertising agency contract and introduced the Defendant to D as a new advertising agent.

C. On November 1, 2013 and December 1, 2013, through February 28, 2016, the Defendant entered into a contract with the Defendant on behalf of the Defendant on advertising (hereinafter “instant advertising agency contract”).

On November 1, 2013, the Defendant received the status of the advertising agency contract with D from the Plaintiff, and entered into a transfer contract with the Plaintiff (hereinafter “instant transfer contract”) with the following terms and conditions, and the same month pursuant to the instant transfer contract:

2. The Plaintiff paid KRW 27,50,000 to the Plaintiff. The Defendant and the Plaintiff enter into the following contracts in transferring high-speed transport advertising rights to the Plaintiff.

1. The total number of 98 vehicles ¡¿ 15,00 won = 1,470,000 won (excluding surtax) shall be deposited on the last day of each month for 28 months from November 1, 2013 to February 28, 2016;

2. In transferring the right to the right to internal advertising to the defendant, the defendant shall pay to the plaintiff KRW 25 million.

E. After the termination of the advertising media use contract with D, deep-sea transportation entered into a direct advertising contract with a third party, D and the Defendant rescinded the instant advertising agency contract on November 25, 2013.

F. On November 27, 2013, the Defendant directly runs an advertisement in part and inside part of a bus owned by deep traffic from December 1, 2013 to November 30, 2015.

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