logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.10.12 2017가합501523
계약보증금 반환 청구
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the representative director of Company B (hereinafter “B”) established for the purpose of subway broadcasting and advertising, etc., and the Defendant Seoul Metro, which is the main part of the lawsuit taking place, is a public corporation established pursuant to the Local Public Enterprises Act and the Seoul Metro Ordinance on the Establishment and Operation of Seoul Metro, which aims at the construction and operation of subway 1, 2, 3, and 4, etc., of the Seoul Metropolitan Government. While the lawsuit in this case is pending, the Seoul Metropolitan Government Urban Transit Corporation was established on May 31, 2017 after its merger with the Seoul Metropolitan City Urban Transit Corporation and the Seoul Metropolitan Transit Corporation

(hereinafter referred to as “Defendant Corporation” regardless of whether it is before or after the merger).

On October 14, 2010, the Defendant Corporation entered into a contract with B for a total of KRW 2,043 million (2,430,000,000 won for contract deposit, KRW 2430,000,000 for monthly advertising, KRW 34,050,000 for monthly advertising, and the contract term from October 14, 2010 to December 13, 2015, with the TV monitoring screen installed inside the vehicle prior to the vehicle operated by the Defendant Corporation for the real-time operation of a system that operates both information and various videos (hereinafter “instant contract”).

The provisions pertaining to the instant contract concerning the instant case are as follows.

Article 8 (Payment and Settlement of Contract Bond) ① (B) A (referring to the payment and settlement of contract bond; hereinafter the same shall apply) shall pay the contract bond of at least 10/100 of the contract amount in cash or by means of a performance guarantee insurance policy, bank payment guarantee, etc. under a special contract for compensation for a fixed amount, as prescribed by Party A (referring to the defendant construction; hereinafter

(3) Where this contract is terminated or terminated due to any cause attributable to B, the contract bond shall belong to A in full.

Article 9 (Payment and Disposal of Payment Guarantee) (1) B shall be 10/100 of the contract amount in order to guarantee the payment of unpaid advertising fees, etc. when the contract is terminated or even after the termination of the contract.

arrow