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(영문) 서울중앙지방법원 2019.01.09 2018가합522084
기타(금전)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 29, 2013, the Plaintiff and the Defendant entered into a music overall producer agreement with the Defendant (hereinafter “instant contract”) with the Plaintiff and the Defendant, a music overall producer agreement with the Defendant (hereinafter “instant contract”).

① From July 29, 2013 to July 28, 2016, the Defendant worked as the Plaintiff’s music general producer, and the Plaintiff shall pay KRW 500 million to the Defendant as contract deposit.

(2) The Plaintiff shall set off against the Defendant’s contract deposit claims against the Plaintiff by a resolution to issue bonds with the preemptive right register for the Defendant, and shall offset the said payment against the Defendant’s contract deposit claims, and the Defendant shall terminate the contract deposit claims by acquiring the bonds with the preemptive right register for the Plaintiff.

(3) Article 3(3) and (4) of the Act shall not be engaged in the same type of business as the plaintiff's producer regardless of any title during the contract period (Article 4(5) of the Act), and where the contract for violation of the contract of this case is terminated by the defendant, the defendant shall pay to the plaintiff one billion won, 2 times the down payment, 1 billion won as the down payment, to the plaintiff, within seven days from

(Article VII:1). (b)

Upon entering into a stock acquisition agreement with the Plaintiff, E, F, G, and H (hereinafter “E”) held 40%, 35%, 20%, and 5% each of the issued shares of D Co., Ltd. (hereinafter “D”). At around August 2013, 4, E et al. transferred 100% of the issued shares of D to the Plaintiff at KRW 1.5 billion (E. KRW 625 billion, G 30 million, H 75 million, and the Plaintiff entered into a contract for the acquisition of shares by four persons, including E et al., to offset the bonds issued by the D Co., Ltd. with the purchase price claim of 4 persons, including E, and by four persons, including E et al., to acquire the new shares, thereby terminating the claim for stock transfer by acquiring the new shares.

(hereinafter referred to as “transfer of shares of this case”).

Four persons, including the conclusion of the contract for underwriting bonds with preemptive rights, and the defendant on August 27, 2013.

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