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(영문) 서울중앙지방법원 2015.02.13 2013가단5125615

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. On April 13, 2006, a character entertainment company (hereinafter “the character”) entered into a film theater agreement with the Defendant operating the film theater business and the film theater located on the 7th floor of the Gosi-si, Young-si, G, the 7th floor of the motion picture theater (hereinafter “the film museum of this case”) with respect to the following major contents of the motion picture museum agreement and the detailed guidelines for the entrusted management business.

Article 3 (Operation of Motion Picture Halls)

1. A (the term “A” refers to a character; hereinafter the same shall apply) shall delegate all the powers concerning the management of the film museum to B (the defendant is named; hereinafter the same shall apply) and B shall act as the exclusive and exclusive operator of the film museum with a total control and discretion in the operation, management, and supervision of the film museum;

B shall have the following authority with respect to the management of the film museum:

(1) All affairs concerning the distribution of profits with producers, the distribution of movies, and the screening of movies shall be handled.

(2) The facilities levels and services of the film museum shall be determined.

③ 영화상영 시간을 비롯한 상영 스케쥴, 관람료 등을 결정한다.

(4) The employment, dispatch, training, supervision, other employment conditions, etc. of the staff to be employed in a movie theater shall be determined.

(5) All other powers necessary for the management of the movie theater A may present, in writing, his opinion orally and in writing, about the operation of the movie theater, and Eul shall make oral and written answers thereto.

2. All civil and criminal responsibilities arising in relation to the facility management and operation of the film museum are divided into the causes attributable to A and B.

Article 5 (Management Fee for Entrusted Business)

1. A shall pay to B 6.5% of the monthly net sales of admission fees as commission for the management of a film theater.

Provided, That the net sales of entrance fees shall be from the revenue of entrance fees actually received by the paid spectators in consideration of lighting, youth discounts, and other special discounts.