beta
(영문) 서울동부지방법원 2020.02.11 2019가단116017

계약금반환

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 20,000,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from April 6, 2019 to February 11, 2020.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Facts of recognition;

A. The Plaintiff was established for the purpose of general travel business, etc. and recruited foreign tourists to offer domestic tourism. The Defendant is a company that mainly engages in the business of entertainment and entertainment and entertainment of hotel C, etc.

B. On August 9, 2017, the Plaintiff and the Defendant concluded a contribution contract with the following content (hereinafter “instant contract”).

D Limited Liability Company and the Plaintiff (hereinafter collectively referred to as “A”) and the Defendant (hereinafter referred to as “B”) enter into a contract (hereinafter referred to as “this contract”) with respect to the contribution of the virtual E (hereinafter referred to as “Aststst”) by the tentative (hereinafter referred to as “this event”) as follows:

Article 2 (Contents of Performance) 1: E 2) The performance schedule: the number of performances held on September 14, 2017: 4): F hotel - the convention room 5): The number of performances held on September 14, 201: C: C: 5 commemorative photographs of 10 teams 6:

4. After completion of 50% of down payment, A shall submit A a final decision of contribution within seven days.

Article 3 (Payment for Contribution)

1. A shall pay 100 million won (including 100,000,000/VT; hereinafter referred to as “contribution”) at the designated account of B, one time of the contribution fee of AT.

2. The contributions shall not include assistive contributors and other expenses (including dance teams, Costast, medical services, aviation fees, transportation expenses, guard, professional training services, etc.), and this part shall be paid directly by A.

3. Within seven (7) days after the conclusion of the contract, A shall pay 50% of the contribution fee to the designated account of B, respectively, as down payment, the remainder of 50% by the seven (9 September 7) day before the performance as down payment.

Article 5 (Termination and Rescission of Contracts)

3. A and B may cancel and terminate this contract by mutual agreement, irrespective of the preceding two paragraphs.

Article 6 (Compensation for Damages)

1. When this contract is terminated or terminated, or when this event has been cancelled due to a cause attributable to A, B shall not refund the already paid contribution fees to B.