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(영문) 서울중앙지방법원 2021.02.03 2020나42769
손해배상(기)
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. Basic facts

A. On October 11, 2017, the Plaintiff entered into the instant contribution agreement (hereinafter “instant contribution agreement”) with the Defendant regarding the “E” performance/ event held on December 23, 2017 at the D performance hall in Japan, which is held on December 23, 2017.

Section 2 (Terms of Contracts) The main contents of this event shall be as follows:

2. Contributor: F;

3. Date and time of public performance/ event: December 23, 2017/ Saturdays.

4. Place of public performance/ event: At least 1700 persons per seat in Japan.

5. Public performance/ event hours: One time / 18:00 (90 minutes).

7. Contribution fee: In return for the contribution of “F” to the performance/ event as set forth in Article 6 (Contribution Rate Application) of the 5 million won (Lon 50,000,000 won/ zero-rate rate application), the Defendant shall pay to the Plaintiff’s designated account the sum set at KRW 50,000 (Won 50,000/ zero-rate rate application) in the following schedule:

Other matters, such as paralysis, etc., shall be deemed nonexistent.

- 1. The first payment: Not later than 10 days after the contract - The amount of 25,000,000 Won 25,000,000 - The second payment: November 20, 2017 - The amount of 25,000,000,000

B. The Defendant paid KRW 25 million to the Plaintiff on October 26, 2017 under the said contribution agreement, but did not pay the remainder of KRW 25 million on November 20, 2017.

(c)

On December 23, 2017, the Plaintiff contributed F to the Japanese performance hall and fulfilled all the obligations under the instant contribution agreement. The Plaintiff did not receive the remainder of KRW 25 million until now.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 9, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the Defendant shall pay to the Plaintiff the remainder of KRW 25 million under the instant contribution contract and the Plaintiff 6% per annum under the Commercial Act from November 21, 2017 to May 14, 2019, the delivery date of a copy of the instant complaint from November 21, 2017, and under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

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