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(영문) 서울서부지방법원 2018.07.11 2018가합31781
기타(금전)
Text

1. The Defendant is jointly and severally and severally with the Plaintiff as to KRW 213,687,426 and the Defendant’s payment thereof from February 13, 2018 to July 2018.

Reasons

Facts of recognition

The plaintiff is a legal entity that operates a program providing business, advertising, and supporting business, and the defendant is a representative director of a corporation B (hereinafter referred to as "B") that engages in a public performance planning business.

In around 2014, the Plaintiff entered into a joint agreement with B and C (hereinafter “public performance”) with the Plaintiff (hereinafter “instant joint agreement”). On March 23, 2016, the Plaintiff entered into a joint agreement with the Plaintiff with respect to performance performance (hereinafter “instant joint agreement”). The main contents of the instant joint agreement are as follows.

Article 6 (Terms and Conditions of Contracts)

(a) The contractual term of the present performance is from the date of the contract to the date of completion of the performance in 2014-2016.

Provided, That when the performance is held each year, the contract may be revised for the special director, and the plaintiff and B shall determine the details thereof in consultation.

B. Terms and conditions of the contract (1) The Plaintiff’s project cost in 2014 is KRW 900,000,000,000 for the total production cost of the performance, 2.8 billion for the project cost of Incheon City excluding KRW 1 billion for the project cost of KRW 1.8 billion for the performance.

(2) The amount of Plaintiff’s participation in 2015, 2016 shall be the same as KRW 900 million in 2014.

③ The Plaintiff appears to be a clerical error in the profit and loss of the performance.

The principal shall be guaranteed regardless of losses or losses, and the same shall apply to profits or losses.

No plaintiff may demand that B share of profits when he/she has made an objection.

(5) B shall execute an amount of KRW 40 million with the costs of advertising media and costs of relay production of performances owned by the Plaintiff (hereinafter referred to as "expenses for publicity of the Plaintiff") from the total costs of production.

It shall be executed with the same amount for three years, and it may be changed through mutual consultation.

Article 11 (Distribution of Sales)

A. B shall settle the profits and losses of the performance, and on the basis of the result, the Plaintiff shall distribute the sales deposited in the passbook under the name of the Plaintiff.

The plaintiff shall deduct the plaintiff's business expenses and the plaintiff's publicity expenses from the sales amount deposited in the passbook B, and pay the balance to B.

(c)be deposited in the passbook;

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