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(영문) 창원지방법원통영지원 2015.07.07 2013가단13268

임금

Text

1. The Defendants are jointly and severally liable to the designated parties, including the Plaintiff (Appointeds).

Reasons

1. Facts of recognition;

A. Defendant B operated a performance hall with the trade name “D” and events. On September 20, 2012, Defendant B established a performance hall by leasing part of the land E in Tong Young-si from the Korea Telecommunication Co., Ltd., and obtained approval for the use of the performance hall from the Tong Young-si market on January 2, 2013. On January 1, 2013, Defendant B prepared a performance hall by leasing the Ga and the 1st floor from F to the performance hall in Korea and China, and prepared a business for providing the performance hall in Korea and China.

B. On the other hand, as the representative of Defendant C’s “H” and this event’s business, on December 10, 2012, the J concluded a performance contract (hereinafter “instant performance contract”) which contains a content that allows the extension of the period from January 20, 2013 to December 20, 2013, between the two parties: (a) the J sent twenty-four members of the performance group to Korea; (b) the Defendant C paid performance fees and all other expenses; and (c) the term of the contract is from January 20, 2013 to December 20, 2013.

C. Defendant C submitted the instant performance contract to the Korea Media Rating Board to obtain I’s recommendation, and the Plaintiffs entered Korea with a visa under Defendant C’s fidelity guarantee around February 2, 2013, and followed by Defendant C’s performance at a performance hall located in Dong Young-si established by Defendant B during the period from February 10, 2013 to November 1, 2013, and Defendant B, as the representative of Korea, was in charge of the business of providing the Plaintiffs’ performance of art performances and Korean actors’ performance (hereinafter “instant performance business”).

The J had not received performance fees under the instant performance contract from May 2013, and concluded an agreement with Defendant B on the unpaid performance fees as follows:

1) As between Defendant B on June 2013, the J confirmed that the amount payable for performance fee in May 2013 is US$8,170, and the performance fee in June 2013 is US$16,00, and Defendant B pays the sales to J from June 14, 2013 to June 16, 2013, and 50% excluding food expenses from sales after June 17, 2013.