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Reasons
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(영문) 대구지방법원 2019.07.04 2018가합203771
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 285,693,284 to the Plaintiff (Counterclaim Defendant) and its related amount from May 15, 2018 to July 4, 2019.

Reasons

(a) A counterclaim shall be deemed to be filed together;

1. Basic facts

A. The Plaintiff as a party is a person who operates a partnership with the trade name of “C”, and the Defendant is a company operating a wedding business with the trade name of “B” in Daegu Suwon-gu D.

B. 1) On August 10, 2015, the Plaintiff signed the instant contract with the Defendant, and the Defendant, provided the Plaintiff’s business of providing services, such as wabing, mercing, and dracks, with respect to the case of a wedding held in the wedding hall operated by the Defendant (hereinafter “instant drcing business”).

2) A cooperative agreement with the terms and conditions that enable the cooperative to engage in the business (hereinafter “instant agreement”).

* The indication of an object is indicated as follows: Daegu Suwon-gu D (hereinafter referred to as the “instant wedding hall”).

A person shall be appointed.

1. Deposit: 600,000,000 won;

2. Terms and conditions of a contract: Swecing and photographing (debing, principal type, video), mercing, and dlering;

3. Period of contract: Three years (36 months) from the date of contract;

4. Fee Allocation Rate: A payment shall be guaranteed to the defendant for twenty percent (20 percent (the total sales amount per case) at the time of receipt of the amount of revenue (the total sales amount) from crowdfunding photography (debination, principal type, video), Meaking, and droneing costs.

5. The defendant shall ensure that the plaintiff's goods are 350 times per annum.

2) According to the instant contract, the Plaintiff paid the full amount of the deposit to the Defendant on August 10, 2015, by remitting KRW 300,000,000, and KRW 300,000,000 on September 12, 2015. 3) On September 14, 2015, the Plaintiff signed an authentic deed No. 618 of the 2015 deed (hereinafter “notarial deed of this case”) by a notary public as of August 9, 2018, with respect to the said deposit with the Defendant, on September 14, 2015.

C. At the time when the Plaintiff and the Defendant entered into the instant contract, the Plaintiff and the Plaintiff were in progress with respect to the instant wedding, between the lessor F Co., Ltd. and the lessee G and the former H Co., Ltd., and the lessor was on September 13, 2016.

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