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(영문) 서울중앙지방법원 2020.12.16 2020나44925

손해배상(기)

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

(b)each 200,000 won compensation (Provided, That it shall be exempted from the time of substitution after prior notification) and the panel amount shall be excluded from the settlement amount, or shall be calculated en bloc on the date of expiration or termination of the contract;

Article 6 (Period of Settlement and Date of Settlement) 1) The settlement cycle is based on monthly settlement. Article 12 (Termination of Contract) 1) The term “A” may unilaterally terminate this contract after notifying “B” and “B” of written or hand-on text messages at least four times at the time of non-compliance, even though any of the provisions referred to in Article 4(1), 2), 3 (c), 5 (v) of this Agreement is not observed at least four times. Article 13(Indemnification) “B” violates any of the preceding provisions of Article 12, and is terminated or terminated, three times the down payment is delivered to “B” or within 30 days from the expiration date of the contract.

4) The calculation of the amount of the panel for non-compliance with the time of broadcast and the beginning of the broadcast shall be calculated as the number of uncompliance broadcasts* the panel’s amount, if the contract is terminated in the middle, it shall be subject to the calculation of the panel’s amount of non-compliance with the time of notice or written notice before the termination of the contract, and the amount of the panel’s amount shall be separate from the amount of

C. Around September 16, 2019, the Plaintiff: (a) around September 16, 2019, the Defendant entered into the instant contract with the Defendant from around June 7, 2019 to the same year.

9. By the 16th day of June, 16, 16, only 16 times (5 times around June 2019, around July 8, 2019, and around August 3 of the same year) broadcasted and notified the termination of the instant contract on the ground that the broadcast did not properly perform the obligation to contribute.

Meanwhile, the Defendant’s settlement amount based on the down payment and broadcast contribution that the Plaintiff received from the Plaintiff (the settlement was made three times, and the amount is KRW 2,130,120,182,433,780,569, including each tax) is a total of KRW 13,093,122.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. The assertion and judgment

A. The defendant's summary of the argument.