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(영문) 부산지방법원동부지원 2020.12.17 2019가단222999

작품판매대금 등

Text

1. The defendant's KRW 6,733,225 to the plaintiff and 5% per annum from October 13, 2020 to December 17, 2020 to the plaintiff.

Reasons

Basic Facts

A. On November 2, 2018, the Plaintiff entered into an art exhibition agreement with the Defendant on the display of the Plaintiff’s works from November 12, 2018 to November 17, 2018, through a gallon operated by the Defendant (hereinafter “instant agreement”), and the main contents of which are as follows:

(A) The defendant, the plaintiff, and the plaintiff, and the distribution and payment of the proceeds of works under Article 4 of the Art Exhibition Agreement: The sale of works and the distribution and payment of the proceeds of works shall be exclusively responsible for the sale of works during the exhibition period.

may not engage in any act relating to all sale in the above place and in the section above.

2. Paragraph 2: For sale of works during the exhibition period, an amount equivalent to 50% of the value of the works in Korean won shall be paid to the author's bank account within 45 days after the expiration of the exhibition period.

Article 7 Section 2. The problem of whether the work occurred after the sale of the work is abnormal shall be resolved in consultation with the division, and if expenses, such as transportation expenses, repair expenses, and other miscellaneous expenses, are incurred, one half of them shall be borne.

B. According to the instant contract, the Plaintiff displayed a total of six works, including F, through a gallon operated by the Defendant. G works, which are one of the works (hereinafter “instant works”) were sold in Korean Won KRW 260 million.

C. From November 17, 2018 to April 1, 2019, the Defendant paid only KRW 50 million out of KRW 130,000,000,000, which is KRW 500,000,000 for the sales proceeds as above, until January 1, 2019.

On August 30, 2019, the Plaintiff sent to the Defendant a certificate of content that contains an expression of intent to terminate the instant contract, and the said certificate was served to the Defendant around that time.

E. On October 12, 2020, the Defendant deposited KRW 75,710,000 to the Plaintiff’s account.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 4, and Eul.

A person shall be appointed.