(영문) 서울고등법원 2015.05.15 2014나2029986

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(영문) 서울고등법원 2015.05.15 2014나2029986

손해배상(기)

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1. The plaintiff's appeal and the selective claims added by the plaintiff in the trial are dismissed, respectively.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On June 10, 2009, the Plaintiff entered into a contract with Seoul Qro with the following terms, setting the contract amount of KRW 25 billion with respect to the “Seoul Qro 2’s history and the establishment of the real-time information provision system in the Jeon Dong-dong (hereinafter “instant business”) and the contract period from June 10 to June 9, 2009:

Article 1 (Purpose) The purpose of this Agreement is to provide for the matters agreed between the plaintiff and Seoul metro in order to establish, operate, and manage an information guidance system, such as the use of trains in the electric trains and stations of Seoul Qro-ro 2, and to implement the video advertising projects.

Article 2 (Definition of Terms) The definitions of terms used in this Agreement shall be as follows:

1) The term “facilities” means the production, installation, removal, operation, maintenance and management of facilities, etc. under this Agreement, and the operation of video advertising, etc.; 2) the term “facilities, etc.” means all the facilities and systems for the implementation of this Agreement.

6) The term "contract amount" means the total amount of advertising fees (including value-added tax) that the Plaintiff has to pay to Seoulmert in return for the operation of the advertisement, except for the duration of the advertisement. Article 3 (Designation of the Project Operator ① The Seoulmert concludes this contract, thereby designating the Plaintiff as the Project Operator and assigning the following rights and obligations:

1. Design, construction, manufacture, or installation of facilities, etc., the main contract and the specifications of which are determined;

2. Operation and maintenance of facilities, etc. after completion;

3. Article 5 (Period of Contract) (1) The contract period shall be 16 years (including the period of installation of facilities, etc.) from the date of conclusion of the contract.

(2) The installation period of facilities, etc. shall be as follows:

1. Within history: One year;

2. Within the preceding half year: The contract amount of Article 6 (Contract Amount) of the year shall be two billion won (including value-added tax) and value-added tax of 18,485,000,000 won (including value-added tax) in history and 6,515,00,000 won in the preceding half year.

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