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(영문) 서울중앙지방법원 2019.02.01 2018가합509210
약정금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 30,700,000 to the Plaintiff (Counterclaim Defendant) and its related amount from February 23, 2018 to February 1, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a photographer, and Defendant C is a corporation whose business purpose is to exhibit and sell art works, etc., and Defendant C is the representative director of Defendant C.

B. The Plaintiff held an exhibition from around 2014 to around 2016 through Defendant vagabonds. Defendant vagabonds displayed the Plaintiff’s work on his gallon and sold the work and distributed the Plaintiff’s sales proceeds.

C. Around 2016, the following exhibition contract was prepared between the Plaintiff and Defendant Cranc regarding the Plaintiff’s individual transfer.

(However, both the Plaintiff and Defendant Tagabonds did not affix the above contract). 1. Exhibition Outline A’E’s individual prior to April 28, 2016

5. 20. Seoul A’E’ before July 2016 -

8. Jeju.

3.(1) The determination of the price of the works and the distribution of profits (i) the determination of the price of the works shall be determined by agreement between vagabonds and the author (the plaintiff of this case) and, in the case of sale of art galleries, the amount sold shall be apportioned.

(2) The method of settlement of accounts shall be 20,000 won for location use and shall be allocated in proportion to 5:5 of the sales amount after shortage.

The cost of producing works (including the cost of paintings and writers) and the cost of exhibition (including the cost of public relations and exhibition, such as the cost of producing a shot, a spathal, advertising, and the cost of producing a work for futures) shall be borne jointly by the vaga and writers.

4.Franc shall have the right to sell works after the end of the exhibition, and the ratio of profit distribution shall be the same as that of the period of display.

5.In order to observe the price of the works, the publicly announced price in the course of display shall be observed equally in the case of sale in outside exhibitions other than the yellow exhibition.

6. B Efforts to keep up for the location of writers and their entry into the art market by displaying works in Arabics, such as after the transfer of individuals in Seoul, F, G, and H;

(d) the author shall compensate for the amount of the material corresponding to the cost of the exhibition.

The Incorporated Foundation D (hereinafter referred to as the "D") is Defendant C, the Plaintiff, and the Plaintiff on September 6, 2016.

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