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(영문) 서울서부지방법원 2014.10.30 2014가합2488

손해배상(기)

Text

1. Defendant C Co., Ltd.:

A. Plaintiff A Co., Ltd.: KRW 80,000,000 and its related thereto from April 1, 2014 to October 1, 2014.

Reasons

1. Factual basis

A. On January 8, 2010, Plaintiff B introduced Defendant D through a branch on November 2009, and planned by the Defendants, paid KRW 100 million to the Defendant Company on the pretext of funds necessary for the performance held in E in 2010, and paid the sum of KRW 60 million from October 201 to December 12, 201 as funds necessary for the performance of “F” to be held in 201.

B. On March 2011, Plaintiff B planned a public performance of “G” (hereinafter “instant event”), and established the Plaintiff Company on April 26, 201, and requested the Defendant Company to perform the instant event and also paid subsidies for promoting its business.

Plaintiff

Around August 2011, the Company entered into a specific agency contract with the Defendant Company (hereinafter “instant contract”) and among them, the contents relating to the Plaintiff’s claim are as follows.

Article 4 Roles and Duties of “A” (Plaintiff Company)

A. “A” shall comprehensively delegate to “B” all the progress (e.g., public relations, marketing, the progress of events, etc.) relating to the number of household effects and stage contribution interference and events of this event.

B. “A” is designated as a host of this event, and “B” is determined as a host, and “A” is responsible for all the expenses incurred in relation to the operation of the event in advance with “B”.

C. If “A” causes a defect in fund enforcement to the extent that it is difficult to proceed with the event, “B” may require improvement and be held responsible.

Article 5. Roles and Duties of “B” (Defendant Company)

A. “B” shall submit to “A” a detailed plan for contribution and the composition of the fund, in writing, and shall proceed during the term of the contract with the comprehensive delegation of interference other than the fund.

B. “B” shall be responsible for the selection, operation, and management of the contributor, and all the contents shall be consulted with “A” and the contribution shall be prepared to enter the stage in the highest condition.

“B” shall be the details and duties of the contract related to the contribution.