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(영문) 서울남부지방법원 2016.11.11 2016가합102703
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company with the objective of investment advisory business, discretionary investment business, collective investment business, business management, and investment consulting business. The Defendant is a person who works as the head of the Content Planning Headquarters of B Co., Ltd. (hereinafter “B”) with the objective of cultural events, performance, event, exhibition-related business, etc. and has been in charge of duties related to C’s performance (hereinafter “instant performance”).

B. The performance of this case 1) D Co., Ltd. (hereinafter “D”).

around July 2012, 2012, the Cap Pocif Group and LLC (hereinafter referred to as the “U.S. performance planning company”).

(B) Around October 2012, the public performance of E and F (E&F) in Korea entered into a G public performance agreement to hold the public performance of E and F (E&F) throughout this framework (e.g., a change in schedule and size on several occasions, and a change in the name of the public performance in this case was made after adjustment, such as changing the contributor from E to H, and shortening the schedule of performance to day.

(2) D) On August 27, 2012, concluded a contract with B on investment and rights with the following content.

Article 4 (Payment B) The amount of investment shall be paid in cash in the amount of KRW 300 million out of the total production cost of the instant performance in which D holds the right to be a domestic protocol.

Article 5 Recovery of Investment Amount

1.B shall recover from the revenue of the instant performance the advance payment and the investment funds of the Tweet seller as the top priority.

2. B is unable to recover the total amount of the investment amount because the import of the instant performance falls short of the investment amount, and as such, D is not liable unless it is attributable to D.

Article VIIRights and Obligations of Section B

1. B will cooperate with D to the best end up until the performance of this case is completed.

2.B shall be guaranteed the share equivalent to 15 per cent of the gross net profit of the instant performance, which is the amount excluding production costs and investments, from the revenue under Section 3(1).

3...

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