logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2011.01.11 2010나69287
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for the supplement of the court's decision of the first instance court, and therefore, this part of the reasoning of the court's decision is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Supplementary judgment

A. At the time of the instant contract, the Plaintiff agreed to place an advertisement with B on cable and satellite channels, three aerial wave, five (3), New Year’s 208, Internet homepage, and F website, etc. At the time of the instant contract. B concluded a model contribution contract with the Defendant for the production of video advertising materials, and agreed to give sufficient notice thereof.

However, while the defendant raises an objection to the scope of use of advertisements on the grounds that the fees are low, the plaintiff demanded the suspension of use of advertisements and suspended the use of advertisements in order to prevent the display of the dispute. Since unilateral act of the defendant without such grounds constitutes tort against the plaintiff, the defendant is liable to compensate for damages suffered by the plaintiff.

B. It is insufficient to acknowledge that there was an agreement between the Defendant and B on the same content as the Plaintiff alleged in relation to the scope of use of the advertisement by only the descriptions of evidence Nos. 10 and 13, and there is no other evidence.

Thus, even if the defendant raised an objection to the scope of use of the advertisement and demanded the suspension of use of the advertisement by raising an objection to the plaintiff on the ground that the model contribution contract between B and B was not concluded periodically, such an act cannot be deemed as a tort against the plaintiff, and even if the plaintiff was not directly involved in the model contribution contract between the defendant and B by manufacturing the advertisement to B, the defendant's demand for suspension does not constitute a tort.

Therefore, the plaintiff's assertion on different premise is added.

arrow