logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.04.22 2016나350
출연료
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

Claim:

Reasons

1. Facts of recognition;

A. On June 10, 2013, the Plaintiff entered into a contribution contract with the Defendant Company to contribute from C to D the performance “B” produced and performed by the Defendant Company to the same year (hereinafter “instant contract”).

B. According to the instant contract, the Defendant Company paid 300,000 won per conference to the Plaintiff for total amount of 45 times, and paid 30% of the total amount of contribution within seven days after the conclusion of the contract, 30% of the total amount of contribution within a week after the commencement of the first public performance, and 40% of the total amount of contribution within 15 days after the completion of the public performance.

(However, it was paid after deducting 3.3% corresponding to the withholding tax amount from the paid contributions. (c)

The Plaintiff completed 45 times of contribution under the instant contract, and received total of 8,933,350 won from June 18, 2013 to November 2, 2013 from the Defendant Company.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as to the cause of the claim, barring any special circumstance, the defendant is obligated to pay to the plaintiff 13,054,50 won (=30,000 won + 45 times x (1-0.03)) under the contract of this case less KRW 8,933,350 paid to the plaintiff, and to pay 4,121,150 won from September 17, 2014, for which the plaintiff seeks payment from September 17, 2014 to the date the court of first instance rendered a substantial decision, to dispute over the existence and scope of the obligation of performance, 5% per annum as stipulated under the Civil Act, and 15% per annum as stipulated under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

B. The plaintiff asserted by the defendant company sought to participate in the public performance agency service on B in Songpa-gu in 2015, which was enforced by the defendant company, and the plaintiff slandered the defendant during the above bidding process and caused damage to the defendant company. Accordingly, the plaintiff bears to the defendant.

arrow