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(영문) 서울고등법원 2020.04.29 2019나2030011
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The plaintiff is a number of corporations, and the defendant is a corporation that runs a performance planning business, etc.

B. On August 2, 2018, the Plaintiff entered into the instant contract with the Defendant to commission the AC role to the Marshall play “AB” planned and supervised by the Defendant (hereinafter “instant performance”).

C. The main contents of the instant contract are as follows.

Article 2 Outline 2-2: The period of contract and validity of Article 4 Contributor’s participation from September 24, 2018 to October 5, 2018; (i) the number of performances beginning on August 16, 2018; (ii) the period of contract and validity of Article 5 equal to the number of performances beginning on August 16, 2018; (iii) the date on which the performance is terminated; and (iv) the date on which the performance is terminated; and (v) the rights and obligations of the parties set out therein are applied to all the world including Korea.

Article 6. The content of the contribution fee and the basis of calculation 6-1. Contract fees mean all amounts including participation in performance and preparation preparation of performance, etc. in basic schedule.

6-2.-Public performance-contributions: payment of the down payment of KRW 56,00,000 for day-to-day (including KRW 8,000 for day-to-day (including KRW 50% of the total down payment) Article 7-1. The remainder of KRW 56,000 for day-to-day (including KRW 50% of the total down payment) shall be paid August 10, 2018, and the remainder of KRW 56,000 for day-to-day (including KRW 56,000 for day-to-day) shall be paid on September 4, 2018.

7-2. The waiver of a contract shall be deemed to be a waiver of a contract even if a down payment and any balance payment date under 7-1 is made a day.

Article 14 "Contributors" and "producers" shall compensate three times the contract amount when the performance is revoked despite the successful effort of the performance.

(Provided, That this shall not apply to cases of a natural disaster, natural disaster, emergency, or other unavoidable circumstances equivalent thereto)

D. The Defendant did not pay the down payment (contribution) stipulated in the instant contract to the Plaintiff, and the performance of the instant case contributed other than the Plaintiff as AC’s role.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is in the contract of this case.

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