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(영문) 창원지방법원통영지원 2013.10.17 2012가합1944
약정금등
Text

1. The Defendant’s KRW 23,00,000 as well as the Plaintiff’s annual rate of KRW 5% from September 19, 2012 to October 17, 2013.

Reasons

1. Facts of recognition;

A. The plaintiff is a person who conducts landscaping, sculptures, and sculptures in the environment-related construction business under the trade name of "C", and the defendant is a book operated by "D".

In around 2007, the Plaintiff and the Defendant came to know of friendship at a conference, and thereafter, they were in an internal relationship, and the Plaintiff freely downloaded the Defendant’s farm located in Gyeongnam-gun E (hereinafter “instant farm”) from around July 2009 to around July 2012, and carried out landscaping works.

나. 피고는 2012. 4. 2.부터 2012. 4. 12.까지 고성공룡엑스포 주제관 내 기획전시실에서 ‘F’이라는 명칭으로 서예, 서각작품 개인전시회(이하 ‘이 사건 전시회’라 한다)를 개최하기로 하였는데, 서예는 피고의 작품을 피고의 명의로, 서각은 피고 또는 타인의 서예작품을 서고(밑그림)로 하여 피고가 조각하여 작품을 제작하되, 명의는 피고의 명의로 전시하기로 하고, 전시회 준비 작업도 원고가 하기로 하였다.

Accordingly, from the end of 2010 to the farm of this case, the Plaintiff produced each of the instant exhibitions, and was engaged in preparation for the instant exhibitions, such as a contract for the production of brochures and brochures, a contract for the establishment and production of a library exhibition, and a contract for the support of exhibition commemorative.

C. Meanwhile, the Plaintiff, as of March 21, 2012, delegated the Plaintiff to manage all of the matters within the instant farm to the delegating person, and used it as the old age.

In addition, the person in charge of planning the exhibition of the instant exhibition shall be delegated to the Plaintiff, and the sales amount of works during the exhibition period from April 2, 2012 to April 12, 2012 (10 days) shall be divided into the art portion and the book portion.

The amount of sales of literary works at the time of settlement after the exhibition period shall be the shares of the defendant, and the amount of sales of each literary work shall be the shares of the plaintiff.

Provided, That the prize money shall be the expenses of exhibitions, and if there is a shortage, two persons shall be consulted to hold a conference, and the expenses for exhibition planning shall be only one million won.

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