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(영문) 서울동부지방법원 2019.04.10 2018나27531
약정금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the production of advertisements, advertising agency business, etc., which concludes an advertising agency contract with D Co., Ltd. (hereinafter only referred to as “D”) that operates the section of subway D 1 phase (FV) and takes charge of advertising agency business in the subway D 1 phase (hereinafter “first phase electric vehicle”) and history.

The defendant is a company entrusted by the defendant succeeding intervenor with the operation of subway D two stages (G station to H station).

B. On July 29, 2016, the Defendant: (a) conducted a tender on July 29, 2016; (b) decided to select a company to be in charge of advertising agency in subway D 2-stage electric vehicles (hereinafter “second-stage electric vehicles”); (c) the Plaintiff presented the highest price in the bidding procedure, and was selected as an advertising agent.

C. On August 11, 2016, the Plaintiff entered into a contract with the Defendant to take charge of advertising agency business within the second-stage electric vehicle operated by the Defendant (Evidence 3-1, 2, hereinafter “instant contract”) with the term of the contract from August 31, 2016 to August 30, 2017, with the term of the contract from August 31, 2016.

In concluding the instant contract, the Plaintiff and the Defendant agreed to the instant contract that “When advertising becomes impossible to set up advertisements due to the Defendant’s circumstances, the Defendant may reduce or exempt all or part of the advertising fees (Article 7(1)).”

On August 19, 2016, the Defendant sent to the Plaintiff operational information with the content that the Plaintiff will operate 10 times during the attendance hours at 8 times and 10 times during the retirement hours by making two-stage electric vehicles a total of 4 times (4 times per unit).

On the 22th of the same month, the Plaintiff requested the Defendant to deliberate on the advertisement production scheme, and sent the email that all advertising lots have been completed on the 30th of the same month.

E. The defendant sent to the plaintiff during the contract period of this case.

The two-stage electric vehicle was operated according to the operational information described in the port.

F. On November 7, 2018, the Defendant’s succeeding intervenor entered into an agreement, a contract, or a contract, with the Defendant’s operations.

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