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(영문) 서울동부지방법원 2019.11.21 2017가단21771
선급금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 4, 2015, the Plaintiff (former: Co., Ltd.) entered into an agency contract with the Defendant for the performance (hereinafter “instant performance”) as planned and produced by the Plaintiff (hereinafter “instant agency contract”) and the main contents thereof are as follows.

Article 1 (Purpose of this Agreement) The purpose of this Agreement is to clarify the planning and production of public performances organized and supervised by “C (the plaintiff is referred to as “B (the defendant is referred to as “B)” in the conduct of vicarious performance.

II.(Provisions on Roles of the Parties to the Contract) Summary of the principal proposal and the provisions on the Roles of the Parties to the Contract shall be as follows:

1. Subject (hereinafter referred to as "public performance") 1) - Date and time: Dmp on February 14, 2015 - Places: E hotel fishing ground - Contributions: F, G, H, etc. 2): Date and time: March 14, 2015 - Places: J exhibition - Contributions - Lfrequency 3: April 10, 2015 (gold: E hotel fishing ground - Contributions: M, N, H, etc.

2. 1) Functional Rules 1) - “C” - Receipt and management of various sales, such as sales of admission tickets and sales of performances - Performance 2) - General management of production, such as the composition and performances, etc. - Execution of the place of performance - Execution of the cost of the performance - Execution of the performance’s contract and the cost of the performance - Execution of the hardware contract and the cost of the performance - General management of planning, such as public relations and marketing.

1. “C” shall pay to “B” the daily amount of KRW 100 billion out of the performance agency cost by February 9, 2015, and shall settle the total amount of agency cost and determine the total amount of the final agency cost by a written agreement between the two parties within 10 days from the end of the entire performance, and shall be determined within five business days from the day of the determination.

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