(영문) 서울중앙지방법원 2019.09.27 2018가단5173398

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(영문) 서울중앙지방법원 2019.09.27 2018가단5173398

위약금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Fact of recognition (exclusive contract deposit and distribution of profits, etc.);

1. A(Plaintiff) will pay B(Defendant) the exclusive contract amount in return for Articles 2 and 4 and will be KRW 100 million.

Article 17 (Cancellation, Termination, etc. of Contracts)

1. Where A or B violates the terms and conditions of this contract, the other party may first request the offender to correct the violation by fixing a grace period of 14 days, and where the offense is not corrected within such period, the other party may cancel or terminate the contract and claim damages;

2. Where Party A breached its obligation under the terms and conditions of the contract with a view to unilaterally destroying the contract during the contract period despite Party B faithfully discharging its obligation, Party B shall pay the sales amount generated by Party B’s entertainment activities during the remainder of the contract, separate from the damages referred to in paragraph 1, to Party B.

Provided, That the penalty shall not exceed the amount of sales generated by the entertainment activities of Eul.

On November 6, 2009, the Plaintiff entered into an exclusive management agreement with the Defendant during the contract period from November 16, 2009 to November 16, 201 (Extension of the contract period as the military service period), the down payment of KRW 100 million, and the profit sharing rate of KRW 6:4 (hereinafter “instant contract”). The relevant provisions of the said contract are as follows.

B. The Defendant rendered military service from October 2010 to October 2012, 2012, and around May 2012, the Plaintiff’s internal director C, who was detained at the time, expressed his intent to terminate the instant contract in a letter to the Plaintiff’s internal director C.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2 (including virtual number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the contract of this case was unilaterally terminated during the contract period. Thus, the plaintiff is liable to compensate for damages under Article 17 (1) of the contract of this case or penalty for breach of contract under Article 17 (2).

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