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(영문) 서울중앙지방법원 2015.09.23 2014가단21548
계약금 반환 등
Text

1. Defendant C’s KRW 41,800,000 as well as 5% per annum from December 15, 2013 to September 23, 2015.

Reasons

1. Facts of recognition;

A. On October 30, 2013, Defendant C, a wife, registered his business under the name of Defendant B and registered his performance production business under the trade name of E, entered into a performance production contract with the Plaintiff, which is the business owner of E, with the following content (hereinafter “instant contract”).

1) Article 2: The name of the public performance on the opening of the public performance: FContact (hereinafter “instant public performance”).

Article 3 of the Public Performance Schedule for G, H, I, J, K, and L: E is fully responsible for the production of the instant public performance, E is provided with photographs, news materials, etc. necessary for the public performance and the production of promotional materials, and E is provided with contributions to the Plaintiff at the place and time specified in the contract, under the responsibility of E.

3) Contribution fees: The contribution fees shall be KRW 85,00,000, but the Plaintiff shall pay the down payment of KRW 40,000,000 to E at the same time with the instant contract, and shall pay the remainder of KRW 45,000,000 on December 4, 2013, which is ten (10) days before the public performance. (4) The Plaintiff and E may request the other party to terminate the instant contract where the terms and conditions of the instant contract are not fulfilled or violate, or where it is determined that the other party has no capacity or intent to perform the obligations under the instant contract, and shall compensate for the total amount of damages therefrom

B. Meanwhile, the Defendant’s Intervenor participated as the manufacturer of the instant contract at the time of the instant contract and signed the instant contract with Defendant C.

C. On October 30, 2013, the Plaintiff remitted the down payment of KRW 40,000,000 to E’s account pursuant to the instant contract, and on November 19, 2013, the Plaintiff leased KRW 25,000,000, a performance place for the instant public performance.

However, while the performance in this case is being proceeded with due to the replacement of the number of contributions scheduled at the time of the contract in this case, the performance in this case was impossible to proceed on the date of performance agreed upon as the date of performance in this case, and the plaintiff on December 3, 2013 shall be Gwangju.

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