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1. As to KRW 47,800,000 among the Plaintiff and KRW 12,600,000, the Defendant shall have 6% per annum from May 12, 2018 to July 6, 2018.
Reasons
1. Facts of recognition;
A. On October 2017, the Plaintiff entered into an event contribution contract (hereinafter “instant contribution contract”) with the Defendant running a public performance planning company on and around December 24, 2017, where the Defendant’s performance took place by making a contribution to the Plaintiff on December 27, 2017 and December 30, 2017, and where the Defendant does not pay to the Plaintiff the full or partial payment of the penalty amounting to KRW 8,000,000 per time (excluding surtax; hereinafter the same shall apply), total amount of KRW 16,00,000,000, the down payment amount of KRW 10,000,000 by November 17, 2017, and the Defendant paid the penalty amount to the Plaintiff by December 27, 2017.
B. In accordance with the instant contribution agreement, the Plaintiff made a public performance by contributing to each public performance on December 24, 2017 and December 30, 2017.
C. On May 11, 2018, the Defendant paid 5,000,000 won, which is part of the performance fees under the instant contribution contract, to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the facts of the judgment as to the cause of claim, the defendant is obligated to pay to the plaintiff the amount payable to the plaintiff KRW 12,60,000 (including additional tax) (=17,600,000 (including additional tax) - 5,000), as claimed by the plaintiff, 6% per annum as stipulated in the Commercial Act from May 12, 2018 to July 6, 2018, the delivery date of a copy of the complaint in this case, and 15% per annum as stipulated in the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from the next day to the day of full payment, and 35,200,000, the total amount of the contribution under the above-mentioned contract, as claimed by the plaintiff, as well as 15% per annum per annum from July 7, 2018 following the delivery date of a copy of the complaint in this case to the day of full payment.
3. Judgment on the defendant's assertion
A. First, the defendant is about the instant contribution contract by the plaintiff.