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(영문) 서울중앙지방법원 2014.12.12 2013가합82628
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

The plaintiff is a corporation with the purpose of e-sports-related events, etc., and the defendant held an annual “Shoman Shoman E-Macton Games” as a foundation established for the memorial activities, etc. of a senior Mhoman player.

(A) On November 10, 2008, the Plaintiff entered into a contract with the Defendant for the operation of the “The Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Ma (hereinafter “the first agency contract”) (hereinafter “the first agency contract”).

The details of agency fees among the primary agency contracts shall be as follows:

Article 4 (Vicarious Payment) (1) The defendant shall pay to the plaintiff the basic budget bill (including the standard of 10,00,000,000 won (including the broadcast advertisement) with the commission for the Games in this case, and may adjust it to the plaintiff under mutual consultation when the defendant consents in kind to the necessary expenses or when the program for the Games is expanded.

(2) With respect to the portion of cash support secured by the plaintiff, 25% fees (including additional taxes) shall be paid, in addition to agency fees.

(3) Where the standard number of participants exceeds or fall short of the standard number of participants, 30,000 won shall be paid for each number of participants, cargo course, 10km participants, and 20,000 won shall be increased or decreased.

On November 29, 2009, the Plaintiff as an agent under the first agency contract, performed the business of holding the Games on November 29, 2009, and the business of holding the Games on November 20, 2010 respectively.

The plaintiff was directly paid the plaintiff's participation fee and scam with the plaintiff's account.

On December 13, 2010, after the Games, the Plaintiff submitted a settlement report to the Defendant on December 13, 2010 without attaching evidentiary documents, and did not complete the submission despite the Defendant’s request for evidentiary documents.

The defendant asserts that the plaintiff embezzled participation expenses, etc. without fulfilling his/her obligation to settle accounts for the Games 2010, and on January 12, 2011, the defendant filed a criminal complaint against the plaintiff on charges of occupational breach of trust, etc., but the same year.

3.25. Ground for the non-conformity of evidence.

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