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(영문) 서울중앙지방법원 2016.06.22 2015가단5267346
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On December 26, 2013, the Defendant entered into a contract with the Plaintiffs on February 1, 2014 to January 31, 2017 (36 months) for sales agency contracts, including subway 1-3 electric trains and station advertising (hereinafter “instant contract”). The main contents of the contract are as follows.

(3) The scope of duties of the defendant and the plaintiffs shall be as follows:

1. The defendant;

(b) Monitoring of advertisements;

2. The plaintiffs

(b) The production of advertising materials approved for sale, and the maintenance and management of advertising facilities and the additional collection of advertising fees (the settlement of advertising fees and the additional collection thereof) (4) In any of the following cases, advertising fees may be collected additionally:

1. Where he has added advertisements beyond the period approved by the defendant;

2. Where an advertisement is added to a place other than that approved by the defendant;

3. In other cases where there are objective grounds to deem it reasonable to additionally collect in accordance with the above subparagraphs 1 and 2, Article 9 (Reward and mix of advertisements) (1) In the event that the plaintiffs intend to add advertisements, they shall apply for approval of sale according to the defendant's work process of "the integrated advertising management system", and the defendant shall approve the advertisement sale according to the order of priority of approval in the "the integrated advertising management system" on a daily basis.

(4) The plaintiffs' application for extension of the added period shall be made by 30 days prior to the expiration of the period for all the single contract quantity of an advertiser whose advertising sales contract period is not less than two months.

(5) When the defendant approves the sale of advertising, the plaintiffs shall apply for deliberation on the design within seven days in consideration of the procedures for the defendant's deliberation on the design and the required period.

When the defendant approves the design in accordance with the criteria for deliberation on the design, the plaintiffs shall manufacture and add advertisements with incombustibility or incombustible materials in compliance with the advertising media, design, location, and period approved.

Article 12 (Removal of Advertisements) (1) Any of the following cases:

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