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(영문) 서울동부지방법원 2017.11.29 2016가단108565
용역비
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 32,500,000 to the Plaintiff (Counterclaim Defendant) and its related amount from November 1, 2015 to November 29, 2017.

Reasons

1. Basic facts

A. A. On February 8, 2015, the Plaintiff engaged in the music record production and performance planning business: (a) around September 26, 2015, the Plaintiff entered into a contract for planning and operation services (hereinafter referred to as “instant service contract”) with the Defendant, the representative of D; (b) with respect to the event that the Defendant is scheduled to hold on September 26, 2015 (hereinafter “instant event”); (c) determined the contract period as KRW 250,00,000 from the contract date to October 31, 2015 (excluding value-added tax) as the planning, production, composition, and publication of the instant event; (d) the consultation with the Defendant for planning and operation services (hereinafter referred to as “F”) that the Plaintiff would carry out, separately from the contract amount, to receive KRW 300,000,000 from the contract amount as follows; and (e) the content of the instant service contract is as follows.

(hereinafter referred to as “A” is the Plaintiff and the Defendant). Article 3 (Service)

1. Planning and production of events (including master plans and detailed implementation plans);

2. The whole organization and holding of events;

3. Safety measures for contributors, spectators, etc.

4. Smooth promotion of interference with performers, outdoor stage, lighting, chairs, part for the contributors' atmosphere, power generation vehicles, support of sound equipment, events, etc.;

5. Records and photographs of documents concerning the overall process of an event (including destroyed offenders and motion pictures);

6. Article 4 (Obligation to Comply with B) of the Act on the Promotion of Events, the inducement of food and beverages, the right to attract and monopoly food and beverages, and all other duties related to the generation of profits;

5.B must faithfully engage in the work of attracting the chanent in connection with this event and must report the results 30 days prior to the date of the event.

6. Eul shall set forth at least 130,000,000, the amount of sponsors in connection with this event.

Provided, That if the result of the sponsored amount below the target amount becomes final and conclusive, B shall consult with A in relation to the effort to reduce the cost of the proceeding of the event and the reduction of the scale of the event.

Article 6 (Contents of Contract)

1.The down payment shall be the calculated amount, 250,000,000 VAT.

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