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(영문) 서울고등법원 2015.06.12 2014나2027423

정산금

Text

1.The judgment of the first instance shall be modified as follows:

1 The defendant shall pay to the plaintiff KRW 46,477,075 as well as on March 13, 2012.

Reasons

1. The facts below the facts of recognition are either in dispute between the parties or in addition to the purport of the entire pleadings to each entry in Gap evidence 1 to 5 (including paper numbers).

[1] On November 15, 201, the Plaintiff entered into a contract with B Co., Ltd. (hereinafter “B”) to invest KRW 300,000,000 for “C” (hereinafter “instant event”).

On the other hand, on November 30, 201, the Plaintiff and the Plaintiff agreed to receive additional investment of KRW 300,000,000 from the Defendant for the instant event.

On December 2, 2011, the Plaintiff deposited KRW 300,000,000 in the bank account in accordance with the above contract.

[2] After that, the Plaintiff, B, and the Defendant entered into an investment contract for the instant event on December 16, 201 (hereinafter “instant investment contract”).

The contents of the instant investment contract were as follows.

Article 3(1) : D2) Period: from December 23, 2011 to February 26, 2012, the venue (to be extended by the beginning of March): Defendant 5: Total production cost of KRW 600,000 (excluding value-added tax), Article 5(1) 7: Each role share in connection with the production of the event in this case is agreed as follows.

1 The defendant's rights and obligations ① The defendant shall deposit the amount of investment of KRW 300 million, which is 50% of the production cost, into the head of a project in the name of the defendant corporation.

② In order to facilitate the production of the instant event, the Defendant shall give priority to attracting the sponsors.

3. The defendant shall engage in production support and public relations marketing in accordance with this contract.

(4) The defendant shall dispatch two general managers to exercise overall control over public relations and marketing to perform his/her responsibilities and roles as an organizer.

Provided, That it shall be conducted through mutual consultation with the representative of the plaintiff and the B.

(5) The defendant shall enter into a contract on behalf of the plaintiff and the Bank of Bankruptcy.