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(영문) 울산지방법원 2020.05.15 2018가단72712
손해배상(기)
Text

1. The Defendant’s KRW 12,600,000 as well as 5% per annum from August 27, 2019 to May 15, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who provides services, such as performing as a performance agency, under the trade name of “C,” and the Defendant is a company that operates the operation business, etc.

B. The Plaintiff between the Plaintiff and the Defendant (i) entered into and terminate the contract in 2017, including the conclusion and termination of the contract, from July 15, 2017, is a cruise ship chartered and operated by the Defendant (hereinafter “instant old ship”).

(2) On January 26, 2017, the Defendant entered into a performance hall registration under Article 9 of the Public Performance Act and Article 8 of the Enforcement Decree of the Public Performance Act with respect to the performance of a foreign dance, such as dice dancing, at the performance hall in the instant case.

3) However, around November 2017, as the tourists boarding a ship due to an earthquake that occurred near the port of port, the Defendant terminated the performance contract after consultation with the Plaintiff on December 2017. (4) The Defendant discontinued the operation of the former ship of this case on January 2018 and filed a report on the closure of the performance hall in the ship of this case at the North-gu Office of Posi-si in the port of port.

C. The purpose of the contract and the termination of the contract in 2018 between the Plaintiff and the Defendant / [the purpose] Article 1 of the 2018 / [the contents and provisions for the effective progress of the foreigner dancing performance that the Defendant

[Contents] Article 2 (Contents] The Plaintiff shall perform the following for the Defendant’s performance program:

Performance shall be performed at a place designated by the defendant.

Article 3 [Contract Term and Contract Amount]

1. The performance fees under the terms of this Agreement shall be 2,00,000 won per person for performance of a dance performance team.

(A) Article 4 [Separate Performance Hours and Place of Public Performance] The performance period: From April 1, 2018 to January 31, 2019: The performance place: Article 8 of the performance place on board of the Defendant / [Liability]

1. The defendant shall be liable for the damages that the contract was not complied with, such as delay in performance due to the reasons attributable to the defendant.

On March 5, 2018, the Plaintiff made three recommendations with the Defendant.

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