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(영문) 서울중앙지방법원 2020.01.17 2018나78338
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except when adding or adding to, the following is the same as that of the judgment of the court of first instance.

2. The part added or added to the judgment of the court of first instance refers to the defendant who has operated an entertainment planning company (business registration C) with "C" of the 8th page of the judgment of the court of first instance.

The following contents shall be added to 19 of 3 pages of the judgment of the first instance:

The method of distributing profits or specific distribution ratio of profits related to entertainment activities shall be determined separately by the agreement between A and B. In this case, profits subject to distribution of profits refers to the expenses directly required at the site of entertainment activities (the actual expenses necessary for assisting and maintaining entertainment activities, such as vehicle maintenance expenses, food and clothing expenses, transportation expenses, etc.) by the official entertainment activities of B, advertising fees, and other expenses incurred by A under the consent of B. Specific distribution ratio shall be designated as “A (7): 4.16 of the first instance judgment of “A.” (4) 16 and 17 of the first instance judgment of “A.” shall be read as “the act of receiving them by deception or using them for any purpose other than the production of sound source.”

The 4th 21 to 5th 20 parallels in the judgment of the first instance shall be followed as follows.

“A continuous contract, such as the instant exclusive contract entered into between the Plaintiff and the Defendant, is based on the trust relationship between the parties. When the trust relationship, which serves as the basis of the contract, is destroyed due to an unfair act, etc. by either of the parties during the existence of the contract, and there is a serious reason for not being able to expect the continuation of the contract, the other party may terminate the contract, thereby extinguishing the validity of the contract to the future (see Supreme Court Decision 2011Da59629, Apr. 11, 2013). Therefore, the Defendant’s expenses incurred in providing education for entertainment activities, including the Plaintiff’

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