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(영문) 서울중앙지방법원 2015.08.12 2014가합556478
손해배상청구 등
Text

1. Of the principal lawsuit of this case, the part demanding confirmation of the absence of the claim for insurance money shall be dismissed.

2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.

Reasons

The summary of the case at issue is as follows: (a) the Plaintiff entered into a contract with the Defendant to conduct the external advertising business on behalf of the Defendant; and (b) submitted the performance (contract) surety insurance policy issued by C Co., Ltd. (hereinafter “C”); (c) constitutes a breach or nonperformance of the Defendant’s contract; (d) the prohibition of alcoholic beverage advertising; (e) the implementation of the protruding advertising business; and (e) the implementation of the protruding bus advertising business; and (d) the Plaintiff’s claim for the payment of the insurance money as part of the guaranteed insurance money, asserting that the Plaintiff did not comply with the Plaintiff’s request for correction; and (e) the Plaintiff’s claim for the payment of the insurance money as the guaranteed insurance money did not exist as part of the Plaintiff’s claim for the termination of the contract, based on the Plaintiff’s failure to comply with the request for correction; and (e) the Plaintiff’s claim for the payment of the insurance money as the guaranteed insurance money.

The counterclaim case asserts that the Defendant’s advertising agency contract was terminated on July 1, 2014 by the Defendant’s declaration of intent on the ground of nonperformance of the Plaintiff’s payment of advertising fees, rather than the notice of termination on July 1, 2014 on the ground of the Defendant’s breach of contract, and that the Plaintiff obtained unjust benefits by occupying and using the advertising media even after the termination, and that the Plaintiff sought against the Plaintiff the payment of part of the amount of unjust enrichment, which is the amount of KRW 13,913,146,020,000,000,000,000 won, from July 1, 2004 to July 22, 2004.

Under the premise, the defendant is the city bus in Seoul, including the conclusion of the contract for outsourcing external advertising.

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