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(영문) 서울중앙지방법원 2019.09.25 2019나18906
손해배상(기)
Text

1. Of the judgment of the court of first instance, KRW 16,390,000 against the Plaintiff and its related thereto from December 9, 2018 to September 25, 2019 against the Defendant.

Reasons

A. On May 24, 2018, the Defendant concluded a broadcast contribution agreement (hereinafter “instant agreement”) with the main content that the Defendant contributes to the Internet broadcast of the Plaintiff’s operation, and concluded a new broadcast contribution agreement (hereinafter “instant agreement”), and “the second written agreement” as written at the time.

Although the defendant asserted that the defendant prepared the second contract by coercion of the plaintiff, there is no evidence to acknowledge this.

Among the contents, the parts related to the instant case shall be as follows:

Written Declarations

1. The prime contract amount of 10 million won, which was received at the time of the contract on April 6, 2017, will be substituted by the down payment at the time of re-contract.

2. A subsidy contract amounting to 50% of 32,780,000 won received with E without a broadcast shall be substituted with a loan by drawing up a certificate of borrowing and replacing it with a loan.

3. Article 4 (No. 999) of the Terms and Conditions of the Contract as of April 6, 2017 (No. 43 times out of the frequency of mandatory broadcasting as of May 24, 2018, 117 times out of the frequency of compulsory broadcasting, 117 times of non-performance, total amount of 300,00 won = 35,10,000 won) is liable to the Plaintiff as of now, but if the contents of the re-contract are fully complied with after the preparation of the re-contract, the contract is terminated on a conditional basis with the termination of the contract and the termination of the re-contract will be terminated.

4. If the content of the re-contract is terminated in violation of it, I will compensate for the amount of the film referred to in paragraph 3 of this undertaking within 30 days after the notification of the termination of the re-contract (one of the text messages and e-mail) in addition to the amount of damages for the termination of the contract.

(I will apply the interest rate of 15% per annum from the date of delay to the date of full payment if it is not possible to compensate for about 30 days.)

D. On May 24, 2018, the Defendant prepared and proposed to the Plaintiff a letter of undertaking (Evidence A 3, the Defendant asserted that the Plaintiff drafted a letter of undertaking by coercion, but no evidence exists to acknowledge it). Of the content, the part relating to the instant case is as follows.

E. The Plaintiff’s mandatory broadcast on August 29, 2018 to the Defendant.

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