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(영문) 서울고등법원 2015.07.15 2014나2046431

정산금반환청구 등

Text

1. The judgment of the court of first instance is modified as follows.

Defendant B Company 75,921,021 and this shall apply to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a joint agreement between the Plaintiff and Defendant B

(1) On August 11, 2011, Defendant B’s event “D’s event” held by Defendant B for the 2018 Winter Olympic Winter Games. (hereinafter “instant event”).

) The Joint Agreement on the Mutual Agreement (hereinafter referred to as the “Joint Agreement”).

Through this, an organization consisting of the Plaintiff and Defendant B as its members is “instant association”.

2) The contents of the instant common agreement are as follows.

(1) The term of the contract shall be from the date of conclusion of the joint agreement of this case to E, and the event of this case may be additionally extended after the mutual agreement between both parties.

(2) The outline of the instant event is as follows.

(Article 3(1)(i) event name: The event date and time of the event in 2018 Winter Olympic Winter Winter Winter Winter Winter Winter Winter Winter Winter Winter Winter Winter Winter Winter Winter Winter Winter Winter Winter Winter Winter Winter Winter Winter Winter Winter Winter Winter Games (D event ii): E7:30-100 iii): the event site: Pyeong Chang Chang Chang Pyeong P.m. (15,00) ③ Defendant B shall endeavor to fulfill its responsibilities and duties as the sponsor of the event in this case (Article 4(1)). The Plaintiff shall make every effort to fulfill its responsibilities and duties (Article 5(1)). ④ Joint investment ratio shall be the ratio of the amount of joint investment to Defendant B50% and Plaintiff 50% (Article 6(1)). The profit distribution shall be made in consultation between Defendant B and the advertiser, and the Plaintiff shall be 50% of the total amount of investment in the event in this case, and the amount of the Plaintiff’s joint investment shall be 50% of the total amount of investment in the event and its production expenses (50%).