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(영문) 서울서부지방법원 2015.12.03 2015가단223544

동산인도 등

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 40,000,000 to the Defendant (Counterclaim Plaintiff) and against this, from April 21, 2015 to December 3, 2015. < Amended by Act No. 13583, Dec. 3, 2015>

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “Nonindicted Company”) is a company that entered into an entertainment agreement with an artist company D (E, F, G, H, I, and hereinafter “D”).

B. On October 16, 2014, Nonparty Company entered into an exclusive contract transfer and acquisition agreement (hereinafter “instant contract”) with Defendant and D, and the main contents thereof are as follows.

As to the transfer and acquisition of all rights of the exclusive agreement signed by E, F, G, H, and I (hereinafter referred to as 'B'), five members of the exclusive agreement with C (hereinafter referred to as 'A'), which are a management company for the transfer and acquisition of the exclusive agreement, the contract is concluded as follows (hereinafter referred to as 'B').

The term "sick" is a corporation without incorporation, and the name of the corporation shall be changed in part by the name of the corporation at which B and A Group ( Hong Kong Corporation) are jointly invested.

Article 1 [Purpose] The purpose of this Agreement is to transfer to “A” all the rights of “A” under the entertainment management exclusive contract (hereinafter “exclusive contract”) entered into between “A” and “B”, and to provide for all the necessary matters in order for “B” to exercise the human rights under the exclusive contract to which “B” and “B” are assigned.

C. From the time of the conclusion of the instant contract, the Defendant independently established the company K, Inc. on April 1, 2015, when performing the role as a human management, such as D’s return d’s return maring operations, postponed classes, dancesson, sexual extracurricular operations, and Chinese language lessons.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 9, purport of the whole pleadings

2. The assertion and judgment on the main claim

A. The plaintiff asserted that the plaintiff paid KRW 154,110,00 to the defendant as operating expenses. The defendant agreed not to exercise any right against D but holds it without any title. Thus, the plaintiff's assertion that he paid KRW 154,110,00 to the defendant.