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(영문) 서울서부지방법원 2018.11.30 2018가단214008

부당이득금

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 Plaintiff is a company established under the Japanese law for the purpose of planning and production of advertisements such as TV and radio, etc., and the Defendant is a company established under the Korean law for the purpose of producing film, planning of performance, display, and vicarious exercise of events.

B. On December 29, 201, the Plaintiff invited the Korean pop-up list with Japan Orna to hold a drama performance, and entered into a performance contract with the Defendant on December 29, 201 as follows:

(hereinafter “instant contract” and “this case’s performance” are held. The content of the performance (Article 1): 17:00 to 20:00 of March 4, 2012: Performance halls: the Plaintiff and the Defendant’s role (Article 2(1)), including the Plaintiff and the Defendant’s Working Committee, including the Plaintiff and the Plaintiff’s role (Article 2(1)), in holding the performance, to operate and manage all kinds of works, such as promotion of sales diskettes and their related sales, advertisements, performance halls, administration and compromise, and the number of performances on this day, and to attract and play a role in raising operating funds, and to support the purpose of this performance.

(2) The Defendant’s primary role is the production cost (as defined in article 4) of the performance, the following: (a) the opening of the performance in question; (b) the movement of AT and ATs; and (c) the recording of all and the recording of the performance in question on the paper of the performance in question; and (c) the production cost (as defined in article 3).

1. The Plaintiff, as the price for a general producer as prescribed in Article 2 (2) (hereinafter referred to as “production cost”), shall pay gold 65,000,000 (tax) for the following three installments, and transfers the amount to a bank account designated by the Defendant.

However, it shall be deemed that the plaintiff's obligation to pay arises if the payment conditions set forth in each subparagraph are met.

(1) The first payment: within one week after the conclusion of this Agreement, 19,500,000 United Nations (Tax No. 2) equivalent to 30% of the production cost: the production cost.