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(영문) 서울중앙지방법원 2014.07.30 2014가단15550

위약금

Text

1. The Defendant’s KRW 50,000,000 and its amount annually from September 23, 2013 to February 7, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that operates performance halls, rents, and invests in entertainment-related business.

On May 31, 2011, the Plaintiff entered into a lease agreement with the lessor C to set the rental deposit as KRW 230,000,000, monthly rent as KRW 18,000,00, and the rental deposit as KRW 18,000, and the rental deposit as between July 4, 2011 and July 3, 201.

The defendant is a company engaged in broadcasting business and cultural service business, which is a production company of "D" (hereinafter referred to as the "public performance of this case").

B. On March 20, 2012, the Plaintiff and the Defendant invested KRW 50,000,000 as part of the total production cost of the instant performance, and the Defendant entered into a contract on the content that the Plaintiff would produce and hold the instant performance, and then make settlement and profit-sharing (hereinafter “instant contract”).

C. In the above contract, the Plaintiff and the Defendant were exempted from the rental fee of an amount equivalent to KRW 50,000,000, which the Defendant shall pay to the Plaintiff while holding the instant performance at the above performance hall operated by the Plaintiff, and set it as the Plaintiff’s production investment amount.

From July 19, 2012 to August 26, 2012, the Defendant held and completed the instant performance at the Plaintiff’s performance hall.

E. In accordance with Article 6(1) of the instant contract, the Defendant was obligated to make a final settlement by September 21, 2012 after the completion of the instant performance, and to complete the Plaintiff’s net profit distribution by 10% (the amount obtained by deducting the total performance production cost from the actual sales). However, the Defendant did not perform the obligation to settle accounts under the instant contract by the said deadline.

Therefore, from the end of September 2012, the Plaintiff notified the Defendant of the performance of his/her duties by wire, and notified the Defendant of the settlement of accounts and the allocation of earnings by content-certified mail on October 10, 2012 and January 3, 2013.