In a case where Gap corporation planned a performance to be contributed by the number of family members belonging to Eul corporation in the United States, negotiated a contribution contract through Byung corporation, Byung corporation entered into a contribution contract with Eul corporation, Eul corporation entered into a contribution contract with Byung corporation, and Eul corporation entered into a contribution contract with Byung corporation to contribute the number of family members to Eul corporation, and the performance was revoked because the number of family members could not enter the United States because he did not receive a visa, the case holding that Byung corporation is obligated to pay the amount equivalent to the contribution fee received due to the cancellation of the contract to Eul corporation.

In a case where Gap corporation planned a performance to be contributed by the number of family members belonging to Eul corporation in the United States and negotiated a contribution contract through Byung corporation, Byung corporation entered into a contribution contract with Eul corporation, Byung corporation entered into a contribution contract with Byung corporation to contribute the number of family members in the performance, and Byung corporation entered into a contribution contract with Byung corporation to make contributions to the performance, and the performance was revoked as it was impossible for Byung to enter the United States on the scheduled date of the performance because the number of family members did not receive a visa, the case holding that Eul corporation cannot seek the liability under the contribution contract, and that Byung corporation did not perform the obligation to contribute the number of family members in the contribution contract due to the reasons attributable to Byung corporation, Byung corporation is obligated to pay the amount equivalent to the contribution fee received due to the cancellation of the contract.

Articles 545 and 548 of the Civil Act

wooden Entertainment Entertainment (Attorney Lee Jae-soo, Counsel for the defendant-appellant-appellant)

Coco Content Media Co., Ltd and one other (Attorney Go-dae et al., Counsel for the defendant-appellant)

July 26, 2013

1. Defendant Entertainment Group shall pay to the Plaintiff 175,616,46 won with 6% per annum from January 12, 2012 to August 30, 2013, and 20% per annum from the next day to the date of full payment.

2. The plaintiff's claim against the defendant co-content media corporation is dismissed.

3. Of the costs of lawsuit, the part arising between the Plaintiff and the Defendant Koco Content Media Co., Ltd. is assessed against the Plaintiff, and the part arising between the Plaintiff and the Defendant Kotain Entertainment Group is assessed against the said Defendant.

4. Paragraph 1 can be provisionally executed.

The Defendants shall pay to each Plaintiff 175,616,466 won with 6% interest per annum from January 12, 2012 to the date of the instant judgment, and 20% interest per annum from the next day to the date of full payment.

1. Facts of recognition;

(1) The Plaintiff, a U.S. corporate body, planned to hold a series of Korean series of performances (hereinafter “instant performance”) held by ○○○○, △△△△, and ▽△△△△△ (hereinafter “the instant number of performances”), which are the number of copies of Defendant CF Media Co., Ltd. (hereinafter “Defendant CF Media”) in the U.S., and negotiated the conclusion of a contribution contract on the instant performance with Defendant CF Entertainment Group (hereinafter “Defendant CF Group”).

(2) During the process of negotiations on the conclusion of contribution contracts as above, Defendant Koco Content media notified Defendant Nit Entertainment Group that it would no longer negotiate if the contribution contract is not concluded by October 14, 201. Accordingly, Defendant Nit Entertainment Group concluded a contribution contract including the following contents (hereinafter “instant first contribution contract”) with Defendant Koco Content media on October 14, 201, and paid the down payment of KRW 13,000,000 on the same day:

Article 1 (Purpose of Contract)

Defendant Cco-content media is to carry out events by Defendant N. Entertainment Group, and when Defendant N. Entertainment Group pays the price to Defendant Cco-content media in return for the contribution of the instant number of revenues of this case, Defendant Cco-content media is to provide all necessary matters and to ensure that the contribution of the instant number of revenues is not impeded.

Article 2 (Opening of Events)

2-1. Name of event: Chinese Category Bg3 Cont;

2-2. Date of the event: PM 8 Sim (on-site hours) on January 13, 2012 (after drilling consultation);

2-3. Places of events: sandboxisculatis Gram;

Article 3 (Contents of Business)

Defendant Co-content media is responsible for making the number of instant revenues contributed at the time determined by the Human Entertainment Group.

Article 4 (Duties)

4-2. Defendant Lotain Entertainment Group shall have the right to support and supervise the performance of Defendant Croc Content Media to facilitate performance and to manage and supervise the affairs of Defendant Croc Content Media.

Article 6 (Contract Deposit and Method of Payment)

6-1. The amount payable by Defendant Entertainment Group in return for the contribution of the number of the instant virtual content media is KRW 130,000,000 (including value-added tax).

(3) On October 24, 2011, the Plaintiff entered into a contribution contract (hereinafter “instant second contribution contract”) with Defendant Entertainment Group, which contains the following contents, between Defendant Entertainment Group and Defendant Entertainment Group’s contributions to the instant performance:

The plaintiff and defendant Ne Entertainment Group enter into a contract on the contribution of the number of family members belonging to the defendant Koe Content media to the Keatcy company in the Handi Bg3 Cont, as follows:

Article 1 Purpose

The Defendant Entertainment Group shall undertake the duties of contribution and production in the Plaintiff’s performance, and against this, the Plaintiff’s payment of the price for the contribution of the instant numbers to Defendant Entertainment Group shall be determined by preparing all necessary circumstances in order to prevent the Plaintiff from hindering the Plaintiff’s contribution of the instant numbers.

Article 2 Summary of Performance

(a) Title of performance: Category BIG3 contact (tentative name);

(b) Organization: The Plaintiff;

(d) Contributions: The number of the instant revenues;

(e) Schedule: on January 13, 2012, local PM 8 cc (after drilling time consultation).

(f) Place: Liber Francisco Bils Grastm;

Article 3 Responsibilities and Obligations of the Plaintiff

(c) Fees and payment method;

2) The amount that the Plaintiff is obliged to pay to Defendant Entertainment Group as Agency Fe is KRW 8,00,000 (including value-added tax).

3) The Plaintiff shall deposit KRW 69,200,000, which is 40% of the contract amount on October 18, 10, and KRW 103,800,000, which remains on November 30, to the Defendant Entertainment Group’s designated account (the time of payment may be adjusted under mutual agreement).

D. The plaintiff takes charge of the following duties and expenses.

1) Defendant Entertainment Group and the instant number of aviation and accommodation expenses (including subsequent consultation on their own tax matters)

9) Responsibility and duty as a host and director of this public performance in accordance with the ordinary practices other than these.

Article 4 Responsibilities and Obligations of Defendant Entertainment Group

A. Defendant Lotain Entertainment Group is the principal responsibility and duty to contribute the instant numbers to this performance as U.S. sandfrancco performance agent and to fulfill the sex in the production and presentation of performance.

B. Defendant Entertainment Group shall take charge of the following affairs with the responsibility and expense of Defendant Entertainment Group:

(i) contributions and medical expenses;

(ii) compliance with the schedule of management, establishment, and performance of contributions;

(iii) cooperation in the publicity of the press media for performing and providing various data for performing and promoting performances;

Article 5 Compensation for Damages

B. In a case where the performance is postponed or cancelled due to a cause attributable to the Defendant Entertainment Group, the full amount of the Plaintiff’s damages arising therefrom shall be reimbursed.

Article 6 Copyright and Right of Award

The copyright of this performance shall be owned by Defendant Entertainment Group, and shall be dealt with through mutual consultation when the plaintiff needs to do so.

(4) On the other hand, Defendant Entertainment Group changed the contribution fee of KRW 130,000 to KRW 165,00,000,000 for the instant 165,000, and the other contents were drafted and presented to the Plaintiff on the basis of the same agreement. Based on the second contribution agreement of this case, the amount that the Plaintiff is liable to pay to Defendant Entertainment Group was set at KRW 173,00,000 for the total of KRW 8,00,000 for the contribution fee of KRW 165,000 for the instant 2 contribution agreement.

(5) In order to pay a total of KRW 173,00,000 for the second contribution contract of this case, the Plaintiff transferred USD 153,400,000 to the account of Defendant Entertainment Group, as shown in the table ‘The Tableâ. The amount that the Plaintiff remitted to the Plaintiff according to the exchange rate at the time of each remittance is KRW 175,78,701 in total. Meanwhile, Defendant Entertainment Group paid KRW 120,000,000 in total, including the down payment that was previously paid by January 3, 2012, among the money transferred, to Defendant Entertainment Media as a contribution fee under the first contribution contract of this case.

On November 2, 2011, 201, 54,000 60,877,560 on November 17, 201, 201, when the remittance was made in the table transfer date contained in the main sentence, 8,009,054,000 9,054,003 on December 16, 201 on December 16, 201, 201:

(6) 이 사건 각 출연계약에 따라 원고는 공연장의 예약, 음향 및 조명시스템 등 장비의 준비, 백댄서 등 스텝 고용, 이 사건 공연의 광고 및 홍보, 이 사건 공연을 위한 스폰서 모집, 피고 측 직원과 이 사건 가수들의 입국을 위한 항공권 및 숙소의 예약 등 이 사건 공연을 위한 준비를 하였다.

(7) On the other hand, on December 10, 201, Nonparty 1, a director of the Defendant Entertainment Group requested Nonparty 2, the representative director of the Plaintiff, to “to ask Nonparty 2 to identify and inform the documents related to U.S. visa”, and Nonparty 2 responded to Nonparty 2’s request with respect to performance performers on the following day, and on December 19, 201, Nonparty 1 sent a mobile phone message stating that “Isss s s s s s s s s s s s s s s s s s s s s s s s s s

On January 6, 2012, Non-Party 2 sent to Non-Party 1 the message that “The consular test should be examined, (reconsular performer),” and Non-Party 1 sent to Non-Party 2 on the same day, the message that “I will delay the U.S. public performance, and I would like to make an application for the visa exemption program in Korea. I would like to find it possible for Non-Party 1 to enter the Republic of Korea through the visa exemption program.” On the same day, Non-Party 2 urged Non-Party 1 to inquire into Non-Party 1 on the same day, and asked the U.S. Embassy to ask him about the matters relating to the visa.

On January 7, 2012, Nonparty 1 sent to Nonparty 2 a message, “The problem is growing, not a performer but a consular performer, how the consular part is unfolded or not?” On January 9, 2012, Nonparty 1 asked Nonparty 2 through the director of the Ministry of Foreign Affairs of the Republic of Korea, in addition to directly asking the U.S. Embassy to the U.S. Embassy on January 9, 2012 whether an emergency consular part for the number of instant consular items cannot be issued or not.”

As a result, the number of the instant virtuals did not receive a visa, and thus, they could not enter the United States on the scheduled date of the instant performance. Accordingly, the Plaintiff, first of all, suspended a performance for four months, but revoked the performance again.

(8) In order for the instant number to enter the U.S. for the purpose of performing the instant performance, the applicant should have been issued a visa who is a visa for an artist among the visas employed for short-term employment (hereinafter “refratator”). To apply for the said performance visa, there must be a petition in I-129 that the employer or the transfer visa who seeks to employ the visaer prior to the application filed a non-resident petition with the U.S. immigration state. Along with the foregoing I-129, to file a petition in accordance with the I-129, (i) evidence that the instant group constituted the pertinent A-129 and held a public performance regularly for at least one year; (ii) the applicant’s statement that lists each member of the group regularly employed by a specific organization during an accurate period of time and each member of the group; and (iii) evidence that the instant group is recognized as an outstanding qualification for an internationally outstanding period of time, or evidence that the group’s record or record of an international prize has been designated as a result of its outstanding performance or record of award).

[Based on Recognition] A without dispute, Gap evidence Nos. 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Gap evidence Nos. 3-1, Gap evidence Nos. 4, 7, 14 through 16, 18 through 24, 26 through 28, 34, 35, 37, 38, Eul evidence No. 1, Eul evidence Nos. 1 through 3, and 5, each fact-finding with respect to Korean banks, and the purport of the whole pleadings, as a result of the fact-finding, each fact-finding with respect to Korean banks.

2. Determination

A. The plaintiff's ground for claim

In full view of the developments leading up to the conclusion of each contribution contract of this case, the contents of the contribution contract of this case, and the role in the conclusion of the contract of this case to Defendant Entertainment Group as above, the first contribution contract of this case is concluded by the Defendant Entertainment Group on behalf of the Plaintiff, and the second contribution contract of this case is concluded by the Defendant Entertainment Group on behalf of the Plaintiff. According to Article 48 of the Commercial Act, even if the agent of commercial activities does not indicate that it is on behalf of the principal, the act of this case is effective against the principal. Thus, the first and second contribution contract of this case is concluded by the order of the intent to directly conclude the contribution contract between the Plaintiff and the Defendant Joint Content Media. Thus, the Defendant Joint Content is a party to each contribution contract of this case, which bears the duty to contribute the number of copies of this case to the Plaintiff in accordance with each of the above contracts.

On the other hand, Defendant Entertainment Group and the parties to the above contracts entered into a contribution contract in consecutive order as mentioned above. This is jointly and severally with Defendant Cco Content Media, which is jointly and severally liable to contribute the number of instant case to the instant performance.

However, since the Defendants did not receive a performer of the instant number of performances, the said number of performances was revoked because they did not enter the United States on the date of the instant performance, which constitutes nonperformance of the obligation to make the said number to contribute to the instant performance. Accordingly, the Plaintiff rescinded each contribution contract concluded with the Defendants pursuant to Article 545 of the Civil Act. As such, the Defendants are obliged to pay the fees already paid and the damages for delay from January 12, 2012, which is the date of the final receipt thereof.

B. The other party to the contribution contract for the instant number of the instant trees concluded by the Plaintiff

6. As long as the Plaintiff’s disposal document is acknowledged as its authenticity, the court shall recognize the existence of the Plaintiff’s intent and its content as indicated in the instant disposal document, insofar as it is clear and acceptable to deny the Plaintiff’s content as to the Defendant’s content group’s establishment, and the following circumstances are acknowledged as follows: ① the Plaintiff entered into the instant 200 media contribution agreement with the Defendant’s management organization; ② the Defendant’s 200 media contribution agreement is merely the parties to the instant 0 agreement, and the Defendant’s 00 media contribution agreement is not indicated as the Defendant’s agent; ② the instant 100 International media contribution agreement is also deemed as the Defendant’s 0 International media contribution agreement, and the Plaintiff’s 20 International media contribution agreement is not indicated as the Defendant’s 0 International media contribution agreement, and thus, the Plaintiff’s 20 International media contribution agreement is not indicated as the Defendant’s 1’s 0 International media contribution agent’s duty to pay damages.

C. Whether the obligation under the second contribution contract of this case was violated

(1) On the ground that Defendant Entertainment Group violated the obligation of Defendant Entertainment to contribute the instant number to the instant performance, the Plaintiff asserted the rescission of the instant second contribution contract by asserting that Defendant Entertainment Group merely merely merely was Defendant Entertainment Group and issued a visa for the purpose of contributing the instant number to the instant performance. However, as seen earlier, the Plaintiff’s party to the instant second contribution contract is the Plaintiff or Defendant Joint Entertainment Group, and the said contract is the Plaintiff and the obligation to contribute the instant number is the Defendant’s entertainment Group. In addition, the Defendant Entertainment Group received the said Agencye80,000 won from the Plaintiff, not only the Plaintiff’s receipt of the aforementioned Agencye80,000 won, but also the claim that the amount corresponding to the difference between the Plaintiff’s first and second contribution contracts is not reasonable in light of the difference between the Defendant’s contributions.

(2) Meanwhile, as seen earlier, the reason why the number of performances in this case was unable to contribute to the instant performance is due to the failure of the United States to obtain the performers necessary for the entry into the Republic of Korea. The second contribution contract of this case does not expressly provide for the Plaintiff and the Human Entertainment Group to issue the performers. However, the following circumstances acknowledged by the aforementioned evidence are as follows. ① Article 4(a) of the Second Contribution Contract of this case provides that the number of performances in this case shall be contributed to the instant performance in order to fulfill their nature in the production and performances of the performance in this case, and (b) provides that the term “in compliance with the schedule of performance” of the International Entertainment Group shall be deemed as the principal obligation of Defendant Entertainment Group and the obligation of the said Group to issue the performance in a separate manner from the obligation of the said Group to issue the performance performance in this case. ② The term “compliance with the schedule” shall be deemed as the obligation of the Plaintiff to issue the performance in this case, and the obligation of the said Group to issue the performance in this case shall be deemed as the separate obligation of the Plaintiff to issue the performance in this case.

(3) As to this, Defendant Entertainment Group’s obligation to issue a performance performer for a performance in a foreign country is a practice of industry and bears the burden on the part of hosting a public performance in a foreign country. Article 3(d)9 of the instant Second Contribution Contract provides that “the responsibility and duty as a supervisor shall be borne by the Plaintiff” under Article 3(d)9 of the instant Second Contribution Contract. Thus, the Defendant is responsible for the receipt of the performance performer. However, it is insufficient to acknowledge the existence of a business practice as alleged by the Defendant on the sole basis of the written evidence No. 6 and No. 7, and there is no other evidence to acknowledge the existence of a business practice as alleged by the Defendant. Therefore, the above Defendant’s assertion is without merit.

(4) Although Defendant Entertainment Group bears the duty to issue a performance visa to the above Defendant, the above Defendant could not have known the need of the performance visa to leave the Republic of Korea for the performance of the instant case, and the Plaintiff, a U.S. legal entity, should have known the need for the performance visa. The Plaintiff could apply for the performance visa to the number of performers of the instant case only if the Plaintiff did not send a written employment complaint to the U.S. immigration state, and the above Defendant could not proceed with the procedure for application of the performance visa. However, the following circumstances acknowledged by the above Defendant’s reasons are acknowledged, but the non-party’s assertion that the Defendant’s non-resident would not be obliged to obtain entry visa from the pertinent foreign ambassador or consul for the purpose of economic activities is likely to reasonably anticipate the circumstances that the non-party 1 had to obtain entry visa for the purpose of economic activities from the pertinent foreign embassy or consul, and that the non-party 2, a non-party 1, a public performer of the instant case, could have sufficiently identified the Plaintiff’s request for the issuance of the performance visa.

(5) Meanwhile, inasmuch as Defendant Entertainment’s obligation to contribute the instant number to the instant performance under the instant secondary contribution contract by Defendant Entertainment Group, given the nature of the instant secondary contribution contract, it constitutes a regular act during which the purpose of the contract could not be achieved unless performed by January 13, 2012, which was designated as the expected time of the instant performance, by January 22, 2012, since the said Defendant failed to perform the said obligation during the expected time of the instant performance, the Plaintiff may rescind the contract without peremptory notice, and it is evident in the record that the Plaintiff expressed his intent to cancel the instant secondary contribution contract against the said Defendant by delivering a preparatory document as of November 16, 2012. Thus, the instant secondary contribution contract was rescinded on November 22, 2012, which was delivered to the said Defendant.

Therefore, Defendant Entertainment Group is obligated to pay to the Plaintiff the amount of KRW 175,788,701, the Plaintiff’s 175,616,466 from January 12, 2012, which is the date of the final payment of the said amount of contribution, to the Plaintiff from January 12, 2012 to August 30, 2012, as the Plaintiff seeks, 6% per annum under the Commercial Act, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the following day to the date of full payment.

4. Conclusion

Therefore, the plaintiff's claim against the defendant co-content media is dismissed as it is without merit, and the claim against the defendant Lotainment Group is justified, and it is so decided as per Disposition.

Judges Egresponding Judge (Presiding Judge)

주1) ㉠ 가수 그룹이 공연단체로서 중요 리뷰, 광고, 홍보자료, 출판, 계약 또는 대중적 지지로 입지전적인 평가를 받아 선도적으로 공연이나 작품을 수행해 온 또는 수행할 것이라는 증거 ㉡ 가수 그룹이 거둔 해당 분야의 성과가 국제적으로 인식되거나 뛰어난 평가를 받았다는 주요 신문, 잡지, 리뷰, 기타 공개 자료에 의한 증거 ㉢ 가수 그룹이 입지전적인 평판을 가지고 선도적으로 또는 주역으로 공연을 주도했거나 수행할 것이라는 주요 신문, 잡지, 학술지, 인쇄물 또는 추천 기사에 의한 증거 ㉣ 가수 그룹이 평론, 박스 오피스 기록, 레코드, 카세트 판매기록 등의 지표로 학술지, 주요 신문, 또는 기타 간행물을 통해 주요 상업적 평가 또는 비평가들의 찬사를 받아 성공한 기록을 가지고 있다는 증거 ㉤ 가수 그룹이 비평가들, 단체, 정부 기관이나 해당 전문가들에게 그 분야의 성과에 대해 상당한 인정을 받았다는 증거 ㉥ 가수 그룹이 계약서 또는 다른 신뢰할 수 있는 증거에 의하여 다른 여타 유사 단체와 비교해 월등히 높은 연봉이나 실질적인 보상을 받는다는 증거