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(영문) 서울동부지방법원 2016.11.29 2015가합108152

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant received investment from the CF (hereinafter referred to as the “Non-Party Association”) and established the “E” (hereinafter referred to as the “E”) which is a performance hall specialized in DNA popular music production in Gwangjin-gu Seoul Special Metropolitan City, and entered into an agreement on the performance of the performance hall of this case with the Gwangjin-gu Seoul Special Metropolitan City around February 25, 2005 after donation to the Gwangjin-gu Seoul Special Metropolitan City. The Gwangjin-gu Seoul Special Metropolitan City completed the registration of the preservation of the ownership of the performance hall of this case around June 7, 2006.

B. The Plaintiff, from the non-party partnership, shall take over the Defendant’s claim against the non-party partnership’s owner, the Defendant’s shares, and the Defendant’s management rights. The Plaintiff’s representative director F was appointed as the Defendant’s representative director on September 15, 2009.

C. On September 18, 2009, the Plaintiff and the Defendant agreed to enter into a performance hall operation entrustment agreement (hereinafter “instant contract”) concerning the instant performance hall as follows.

Article 3 (Entrustment of Performance Hall Operation) The defendant shall entrust the plaintiff with all the powers concerning the operation of the performance hall held by the defendant under each contract stipulated in Article 1, and the plaintiff shall act for the plaintiff for the operation of the performance hall.

The defendant shall make every effort to provide the plaintiff with expenses and human resources necessary for the operation of the performance hall and assist the plaintiff in the smooth performance of the plaintiff's operation.

Article 5 (Period of Entrustment of Operation) The period of entrustment shall be the period during which the defendant holds the authority to operate the performance hall under Article 1 from the date of this contract.

Article 6 (Reversion of Operating Proceeds) During the period of entrustment of operation, profits accruing from the operation of the performance hall shall revert to the Plaintiff.

Article 7 (Price for Entrustment of Operation)

1. The Plaintiff shall pay KRW 70,000,000 each year to the Defendant each year during the period of operation under Article 10(1) of the performance hall business performance agreement as consideration for the entrusted operation of the performance hall under this agreement.

2. The plaintiff is entrusted with the operation of the performance hall.