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(영문) 창원지방법원진주지원 2019.07.09 2019가단32725
용역비
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 60,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from October 15, 2018 to April 19, 2019.

Reasons

1. Basic facts

A. (1) The Plaintiff is in charge of “D” (hereinafter “instant festival”) in C located in Jinju-si, Jin-si, each year.

(2) A around September 2018, the Plaintiff (A) given a contract to the Defendant (B) for “E performance” (hereinafter “instant performance”) (hereinafter “instant contract”). The main content of the said contract is as follows.

Article 2 (Opening Records of Performance and Performance ): The E schedule of performance: From October 1, 2018 to October 14, 2018: The number of performances: Five times of performance and performance: Jinju C, Music P, and Article 4 (Method of Providing Services Costs and Payment) A shall pay service costs to B under the following standards, subject to the fulfillment of the obligations under Article 2 in good faith:

(1) Performance expenses: 180 million won (including value-added tax) and part of the facility expenses (one million won per day) incurred in the show shall be borne by the public performance expenses.

(2) Method of payment: 90 million won of the down payment on September 13, 2018, and the balance on October 23, 2018 (Duties and Rights) Article 5 (B) (1) A shall establish and operate the separate system for the smooth operation of the public performance in a specified manner without interruption.

(2) B shall spread to any safety accident that may occur during the preparation of the performance or during the performance, and shall be fully responsible for any safety accident which may occur due to any cause attributable to B.

Article 6 (Duties and Rights of A) (1) A shall assist in conducting affairs for holding a public performance together with the provision of a performance hall and the cooperation in the use of the facility.

(2) A shall provide all the data necessary for performing his/her duties in accordance with mutually agreed schedule, and shall cooperate to the maximum extent possible so that he/she may perform his/her duties smoothly.

(5) A shall make every effort to have this public performance performed, and may modify the progress under mutual agreement between A and B when any force majeure event occurs.

Article 8 (Termination of Contracts) In any of the following cases, a contract may be terminated in writing:

(2) A or B shall become this part of this Act.

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