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(영문) 서울동부지방법원 2013.07.02 2012가합102054

공연대금청구

Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) KRW 200,000,000; and (b) from June 20, 2011 to August 13, 2012.

Reasons

1. Basic facts

A. The Plaintiff is a company providing performers, and the Defendant C (hereinafter “Defendant C”) is a contractor who has planned the performance of the instant performance to the Defendant B (hereinafter “Defendant B”) by planning the “J” (hereinafter “J”) as a company planning the performance of the instant performance.

B. On March 25, 2011, the Plaintiff entered into a contract with Defendant B to supply performance performances with the name of performance, the term of performance from April 1, 2011 to September 21, 201, the place of performance (Seoul Jung-gu L) and M (Nancheon City N), respectively (hereinafter “each K performance contract” and “M performance contract”, and each of the above contracts “each of the instant contracts”).

The relevant provisions of each of the instant contracts are as follows.

Article 8 (Penalties) If either the plaintiff and the defendant B cancel a public performance without justifiable grounds, they shall pay 200% of the expenses specified in Article 5 (1) as a penalty for the commencement of preparation of the public performance to the other party.

Article 9 (Compensation for Damages) The plaintiff or the defendant B may claim damages arising from the failure of either party to perform the obligations prescribed in this Agreement against the other party.

C. Defendant B did not pay the Plaintiff performance fee related to M performance, and the Plaintiff terminated M performance on June 9, 201. Defendant B did not pay the Plaintiff KRW 72,900,000 out of the performance fee related to K performance and did not pay the remainder to the Plaintiff, and the Plaintiff terminated the K performance on June 19, 201.

Defendant C, Defendant E (the former representative director of Defendant C), Defendant D (the current representative director of Defendant C), and Defendant F, on July 8, 201, shall pay the Plaintiff the unpaid performance amount of KRW 105,300,000 to the Plaintiff from April 25, 2011 to June 19, 2011, jointly and severally, and KRW 50,000,000 among them shall be paid until July 222, 2011.