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(영문) 광주고등법원 2016.06.24 2016나10369
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

The first instance court.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company running advertising business within and outside a bus and taxi. 2) The Defendant is an association under Article 53 of the Passenger Transport Service Act established by an urban bus company located in Gwangju Metropolitan City.

B. On September 30, 2008, the Plaintiff and the Defendant entered into a contract for the external advertising business of urban buses (hereinafter “the instant first advertising contract”) with the content that the Plaintiff’s ten members of the Defendant from 2009 to 2011 display an advertisement to the outside of the urban bus operated by the Defendant’s 10 urban bus companies, and that the Plaintiff should pay the user fee to the Defendant.

On May 25, 2009, the Plaintiff and the Defendant entered into a revised contract with the content of extending the term of the instant first advertising contract to “2012”, and on December 31, 2012, concluded a re-contract with the content of extending the term of the contract from “2013” to “2015” (hereinafter “instant second advertising contract”).

C. According to each advertising contract of this case, among the advertising contracts of this case, each of the advertising contracts of this case, the plaintiff is "the number of city buses commonly owned by its members less than the number of city buses."

On the basis of B, the user fee for media shall be paid, and even if the sales has been reduced due to the attachment of advertisements on a bus less than the number of commercial vehicles due to business depression, the plaintiff shall pay the full amount of the user fee to the defendant.

In addition, all expenses incurred in advertisements shall be borne by the plaintiff, and even if the advertisements affixed to urban buses are damaged due to the negligence of the defendant, vehicle accidents, etc., the plaintiff should restore the advertisements to its original state.

On the other hand, the second advertising contract of this case is an alteration of city bus business plan such as a change of route, replacement of route vehicles, etc.

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