(영문) 창원지방법원 2016.11.10 2015나32459

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(영문) 창원지방법원 2016.11.10 2015나32459

선급금 반환 등

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to pay shall be revoked.

Reasons

Facts of recognition

On June 20, 2013, while the Plaintiff was seeking to produce and sell characters B, the Plaintiff was selected as a support business operator for the development of character products of the Korea Creative Content Agency (title B: the development of character products, the period of business: June 20, 2013 to May 31, 2014) by designating the Defendant as one of the participating institutions.

On April 10, 2014, in relation to the implementation of the above Support Project, the Plaintiff and the Defendant entered into a contract with the Plaintiff on the production and supply of character products including scambling, etc. (hereinafter referred to as “instant product”) according to the Plaintiff’s character design (hereinafter referred to as “instant contract”), and the parts relating to the instant contract in relation thereto are as follows:

Article 4. The service period (1) The service period shall be from April 10, 2014 to May 25, 2014.

2. The period under paragraph 1 of this Article may be modified by written agreement of the parties.

Article 5. The payment of the Ba Ba ment Service Cost (1) The plaintiff shall pay the defendant the total amount of KRW 5,6250,000 (excluding value-added tax) in cash according to the following schedule:

- Advance Payment: 45 million won (excluding value-added tax) payment in cash - 80% payment in total 15 days after the date of completion of the contract : 11.25 million won (excluding value-added tax) - rescission and termination of the contract under Article 8(1) of the Payment of 20% balance in cash within 15 days after the completion of the contract. 2) If either the plaintiff or the defendant violates the terms and conditions of the contract without prior consultation, the termination of the contract.

Article 9. Compensation for Damages of the plaintiff and the defendant shall compensate the other party for the damages of the other party where the other party has suffered losses due to intention or negligence of either party.

Article 12 (Settlement, etc. of Sponsor Dispute)

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