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(영문) 서울중앙지방법원 2016.07.20 2015가합544731
투자금반환 등
Text

Defendant’s KRW 756,171,600 among the Plaintiff and KRW 178,085,80 among them, shall be KRW 200,000,000 from July 2, 2014.

Reasons

Basic Facts

The plaintiff is a company established on March 25, 2014 with the main business of the performance planning business, the music private teaching institute business, etc., and the defendant is a person who engages in the business of performing and producing domestic drums, interest, and performing and producing.

On May 27, 2014, the Plaintiff entered into a contract with the Defendant to obtain “B”, which is a content produced by the Defendant in the performance produced by the Plaintiff from the date of concluding the contract to May 31, 2016, and to pay KRW 500,000 as a consideration therefor.

On June 18, 2014, the Plaintiff entered into a contract with the Defendant to revise the above contract and directly produce a performance, and the Plaintiff to take charge of investment and public relations of the project cost for the performance as follows:

(hereinafter “instant contract”). According to the instant contract, the Plaintiff paid KRW 500,000,000 to the Defendant on July 2, 2014 and KRW 200,000,000 on August 11, 2014 (hereinafter “instant investment”).

Article 2 (Abstract of Public Performance)

(a) Title of the performance: “C”;

(b) Period of public performance: From July 7, 2014 to July 6, 2015;

(c) Number of performances: At least ten times;

(d) Place of public performance: Rental under mutual agreement;

(e) Total project cost of a performance: 500,000,000 won;

(f) The name, schedule and frequency of the performance shall be changed by mutual agreement. Article 4 (Sharing of Duties)

A. The Plaintiff shall create the entire project cost of the performance (hereinafter “project cost”) for the production and the progress of the performance, and shall take charge of the operation and public relations of the performance.

B. The defendant plans/productions all the contents necessary for the performance and takes charge of all the affairs related to the progress of the performance.

In addition, I assist the plaintiff's public relations business.

Article 5 (Payment of Project Costs and Settlement of Revenue Amount)

A. The project cost of KRW 500,000,000 created by the Plaintiff shall be paid in cash to the Defendant and the payment account and schedule shall be as follows:

1) First: 300,000,000 on July 7, 2014

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