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(영문) 서울중앙지방법원 2018.06.28 2017가합577360
기타(금전)
Text

1. The Plaintiff:

A. Defendant Ka Ka Roscion Group (hereinafter “Defendant Kascion Group”) is KRW 140,000,000 and its corresponding amount on December 18, 2016.

Reasons

1. Facts of recognition;

A. On August 31, 2016, the Plaintiff, who operates a public performance ticket sales agency business, etc. (www.meon.com), concluded a contract for the establishment of sales agency contract and advance payment lending contract (hereinafter “B contact-related contract”) with the Defendant Kabu Corporation, Inc., Ltd., a performance planning company (hereinafter “Defendant Kabu Corporation”), and the “B contact sales agency contract” with each of the following contents.

[B Cont-Related Contracts] - “Plaintiff” - “Defendant Caspion” - Subject to the condition that Party A lend advance KRW 700 million to Party B, Party B shall grant Party B the sales agency right to sell all of the publication tickets of B Cont (Seoul 3rd Public Performance in 2016-2017).

(2) Section 1 of Article 2 (1). (2) All matters concerning the sales of diskettes referred to in Article 2 (1) shall be governed by a separate contract for the sales of diskettes (Article 2 (2)) entered into with A (3) this contract shall be sold through A under the contract for the sales of diskettes and the advance payment shall be given to B, subject to the condition that B shall pay the advance payment for the sales of diskettes.

(Article 3(1). The date of advance payment shall be September 2, 2016, and the date of advance payment shall be January 31, 2018.

(4) Eul shall use advance payments lent by Gap only for planning, rental, and marketing costs for contract performances.

(5) If there is any amount remaining after deducting advance payment from the price to be settled by settling accounts to B, a sales of tweet tickets issued for contract performances and other performances of progress by Eul pursuant to the contract for sales of tweet tickets and other performances of progress by Eul, Gap shall pay it to Eul.

(Article IV(1). (6) If the settlement amount to be settled by A to B pursuant to Article IV(1) is less than advance payment, B shall be subject to two weeks from the date on which the sales amount pursuant to the Tweet sales agency contract is fixed.

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