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(영문) 서울서부지방법원 2021.01.21 2020가합30422
손해배상(기)
Text

Defendant B 1,170,681,750 Won and 6% per annum from October 1, 2019 to December 9, 2020.

Reasons

1. Basic facts

A. On March 4, 2019, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant B”), the representative director of which Defendant C is Defendant C, under which the Plaintiff paid USD 1.5 million to Defendant B, Defendant B entered into an agreement with the Plaintiff to act as an agent in the performance, etc. (hereinafter “instant performance agreement”) so that the Plaintiff may hold a F (F; hereinafter “F”) to act as an agent in the performance, etc. in order to ensure that the Plaintiff may hold a public performance in Thai City, Thailand, including D or E (hereinafter “instant performance”).

B. The instant performance contract provides that the Plaintiff shall pay 300,000 U.S. dollars for the down payment, 600,000 U.S. dollars for the intermediate payment, and 600,000 U.S. dollars for the remainder within 30 days before the performance within 7 days after the contract is concluded with the Defendant B.

(c)

On March 21, 2019, the Plaintiff paid USD 300,000 to Defendant B as the down payment for the instant performance contract, and upon Defendant B’s request for the payment of the intermediate payment on April 5, 2019, Defendant B paid USD 300,000 on April 19, 2019, and USD 300,000 on April 22, 2019 to Defendant B as the intermediate payment.

(d)

On the other hand, on April 26, 2019, the Plaintiff spent the amount of 100,000 fee for the performance of this case as the rental fee for the performance of this case, and the amount of 1,505,000 fee for Thailand on May 24, 2019, and 1,605,000 fee for Thailand on June 28, 2019, respectively.

E. After September 10, 2019, Defendant B prepared a “written confirmation of a plan for the repayment of KRW 900,000,000, which was paid to the Plaintiff in relation to the instant performance contract, by September 30, 2019.” On September 17, 2019, Defendant B prepared a “written confirmation of a plan for the repayment of KRW 175,500,000 paid by the Plaintiff to the Plaintiff in relation to the performance of the instant performance, which was paid in full by September 30, 2019 (hereinafter the “written confirmation of a plan for the payment of rent”). The written confirmation also prepared a “written confirmation of the plan for the payment of rent” that the Plaintiff paid in full to the Plaintiff by September 30, 2019.

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