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(영문) 서울중앙지방법원 2018.07.17 2016가합12705

손해배상금 등

Text

1. The Defendant’s KRW 505,00,000 and the Plaintiff’s annual rate of KRW 5% from August 2, 2014 to July 13, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation whose purpose is the entertainment business, performance planning business, etc., and the Defendant is a de facto manager, who is a corporate director of a corporation B (hereinafter “B”) with the purpose of music record and planning, etc., whose trade name and purpose was changed to “C” for the purpose of online information provision business, etc. on June 4, 2012; hereinafter “B”).

B. On March 1, 201, the Plaintiff concluded a sales promotion agreement with D company, and concluded a performance license agreement with D company, stating that E (the title F) has the right to sell performance in Asia. On April 21, 201, the date and time of the performance of E (the date and time of the performance of E) shall be August 26, 201, and the performance license fee shall be USD 300,000 and KRW 100,000,000, and the Plaintiff shall be responsible for E’s conflict, and the Plaintiff shall plan and publicize the performance (hereinafter “instant basic contract”).

C. On April 15, 201, the Plaintiff remitted USD 100,000 to B’s bank account, and KRW 270,100,00 on April 21, 201. On July 25, 2011, the Plaintiff wired USD 100,00 to G upon the Defendant’s request.

B On August 31, 2011, the Plaintiff and B did not perform their obligations under the instant basic contract, and on which August 31, 2011, the Plaintiff and B concluded a performance contract stating that “The instant basic contract was fulfilled due to the cause attributable to B, and that the Plaintiff owned compensation to be paid by the Plaintiff, re-investment in the program supply and distribution business, and that profits accrued from the said business, etc. shall be paid preferentially to the Plaintiff. The amount that B is liable to compensate the Plaintiff shall be KRW 505,00,000, but if B fails to pay the said money by August 1, 2014, B and the guarantor shall bear the obligation to compensate the Plaintiff for the unpaid amount of the said money, and thereafter they shall add the compensation for delay at the rate of 2% per month thereafter (hereinafter “instant performance contract”).