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(영문) 서울중앙지방법원 2017.10.13 2016가단5007398
손해배상(기)
Text

1. The Defendant: (a) KRW 28,800,000 for the Plaintiff and 5% per annum from January 26, 2016 to October 13, 2017; and (b) the Plaintiff.

Reasons

1. Basic facts

A. The status of the party is a company with the main purpose of human management business of writers, etc. and planning and production business of sound and visual recordings, etc., and a number of B is the representative of the plaintiff.

The defendant is a company with the main purpose of housing construction business, tourist hotel business, etc. and is operating a hotel with a more serverr (hereinafter referred to as "the hotel of this case").

B. On October 29, 2015, the Plaintiff and the Defendant entered into a performance contract with the Defendant with respect to the performance of the title “B Contact”, which takes place from C 19:00 to 21:30 in the hotel of the instant case, with the Defendant, the Plaintiff entered into a performance contract with the content that: (a) the Plaintiff and the Defendant will contribute the number B and B, 7-9, and 4 inside team, and receive 24,000,000 won as a contribution from the Defendant.

(hereinafter “instant performance contract”). C.

Around December 17, 2015 and around December 23, 2015, the Defendant notified the Plaintiff that the instant performance contract was terminated on the grounds that the Plaintiff was not prepared for performance, and that the performance under the instant performance contract was not implemented.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff’s performance contract of this case was reversed by the Defendant’s unilateral notification of termination on the grounds that it cannot be deemed the Plaintiff’s cause attributable to the Plaintiff. However, in the performance contract of this case, the Defendant intended to pay three times the performance deposit in compensation for damages in the event that the Defendant suffered damage to the other party due to either intentional act.

Therefore, the Defendant is obliged to pay the Plaintiff KRW 72,00,000,000 as damages, which is three times the performance deposit of KRW 24,00,00.

B. Defendant 1 notified the Plaintiff of the preparation process of the performance, etc. on several occasions, but the Plaintiff failed to deliver the progress to the Plaintiff by December 16, 2015, which was eight days before the scheduled date of the performance, in writing, and the confirmation of the contributor and the social person is also included.

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