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(영문) 서울중앙지방법원 2013.12.20 2011가합46932
손해배상(기)
Text

1. The Defendant’s KRW 90,000,000 as well as annual 5% from May 16, 2008 to December 20, 2013 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The following facts are acknowledged in the absence of dispute between the parties, or in full view of the following facts: Gap evidence Nos. 1 (A writing damage), Gap evidence Nos. 2 through 7 (each e-mail), Gap evidence Nos. 8 (B), Gap evidence No. 9-1 (Agreement in Wartime), Gap evidence No. 9-2 (Korean Han Riverines, Seoul), Gap evidence No. 10 (Opinion of the Dispute Resolution Committee), Gap evidence No. 11-1 (each text message) and Eul evidence No. 11 (Seoul-A), Eul evidence No. 1 (Seoul-A), Eul evidence No. 1 (C-A), and the overall purport of the arguments as a result of the appraiser’s appraisal.

1) 원고는 피고 산하 서울시립미술관이 2008. 3. 1.부터 2008. 5. 13.까지 개최하는 『“배를 타고 가다가” 한강르네상스, 서울展』에 작품을 출품하기로 하고, 피고와 2008. 1.경 전시약정(이하 ‘이 사건 전시약정’이라 한다

The conclusion of the contract is as follows: First. The period of display outline is from February 25, 2008 to May 16, 2008: the period of display: (i) March 1, 2008 to May 13, 2008 to May 13, 2008; (ii) the acquisition and return of the works; (iii) February 25, 2008 (monthly to month).

Above May 14, 2008 (Water)/Sgd. 27. (Water)/

5. 16.(F)

Ⅱ. Management, carriage and insurance of works;

2. The transportation of works shall be managed safely by the Seoul Metropolitan Government art gallery until the author is delivered with the work and then the work shall be handed over to the author after the end of the exhibition;

3. The art gallery shall subscribe to the "General Insurance for Museum and Cultural Foundation" with respect to display works during the agreed period, and shall immediately be insured when an accident occurs during the period of display.

2) In accordance with the instant exhibition agreement, the Plaintiff’s “B” using the rash equipment, etc. self-produced (hereinafter “instant works”).

(3) After the expiration of the above exhibition period, Seoul Special Metropolitan City art gallery dismantles the above works to the Plaintiff to return the work of this case, and thereby, the transportation chain company.

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