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(영문) 서울고등법원 2016.08.18 2015나2048007
부당이득금
Text

1. All of the plaintiff's claims that are changed in exchange at the trial are dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

On December 17, 2013, the Plaintiff entered into a business partnership agreement (hereinafter “instant contract”) with Defendant B (hereinafter “D”) with respect to performance (E; hereinafter “instant performance”) held in the Myanmar, as follows:

(A) An association formed between the Plaintiff and the Defendant B through the instant contract (hereinafter referred to as the “instant association”). Article 2 (C) and D’s role are as follows.

The Plaintiff’s role is a local argege of Myanmar with respect to the instant performance management, and the specific contents are as shown in Annex 1.

(e) The field planning company's physical color and interference with the field planning company's physical activities, the place of accommodation, death, movement, etc. for contribution production, negotiation and consultation with local performance-related persons and relevant authorities, the field of Myanmar's affairs related to performance planning, the negotiation related to performance planning, the negotiation related to performance conditions, and the consultation on raising funds related to this performance). (b) Management, financial affairs, accounting affairs, etc.

D The specific contents of the role of D in relation to the performance management of this case are as follows.

(for example, planning and production of contents of the performance, out of the contribution and production progress, planning and management of stage, production and interference with video materials, planning and coordination of other matters related to the performance, etc.). The bearing of expenses and the distribution of profits and losses (total revenue-total cost) among the participating personnel of the role under Article 3 (Bearing of Expenses and Profit and Loss) shall be as follows:

The ratio of separate sharing of profits and losses, plaintiffs 50% 40% D 50% 10% local (F) in Myanmar

1. The burden of the performance budget is to be borne by the parties to the performance cost, production cost, etc. (hereinafter “performance budget”) in proportion to the above cost-bearing ratio, and the execution of the performance budget is under the supervision of D according to the final budget bill attached to the performance budget (hereinafter “Attachment 2,” and the changes in the final budget bill shall be executed after being changed under the agreement between the Plaintiff and D).

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