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(영문) 서울고등법원 2016.05.11 2015나2058066
채권양수도대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiffs (hereinafter Plaintiff TW12) (hereinafter “Plaintiff TW12 investment association”), Plaintiff TW14’s cultural content investment association, Plaintiff TW14’s “Plaintiff 2 association”, and Plaintiff ISU- Global Contents Investment Association, “Plaintiff 3 association”) are an unincorporated association as a partnership registered with the Small and Medium Business Administration under Article 20 of the Support for Small and Medium Enterprise Establishment Act, with the primary purpose of investing in a start-up venture business and distributing the outcomes therefrom.

B. On April 2, 2013, the Defendant entered into a management agreement with the non-MM Korea Co., Ltd. (hereinafter “non-M”) on the musical story “du City” (hereinafter “instant performance”) manufactured by the non-M, as follows:

§ 2 (General Provisions of the Agreement). (1) Outlines of performances

(a) Place of public performance: musically two stories;

(b) Place: Shacker;

C. The period of performance: (a) the delegation or vicarious execution of a comprehensive work related to the management of diskettes, such as sales, operation, management, settlement, etc., to the Defendant in the course of performing a performance by a non-M on June 18, 2013 to August 11, 2013.

Article 5 (Fees) Fees for delegation and agency services and other details of provision for guaranteeing revenues shall be as follows:

(1) Tweet management fee: 1.5% of the total net sales of tweet (including those directly sold by M) in total sales of tweet (excluding cancellation, refund, etc.).

The fee for the management of tweet tickets shall be paid to the M after deducting the fee from the fee for the tweet held by the defendant.

(2) Esket sales commission for the Defendant: 5% of all esket sales (excluding cancellation, refund, etc.) sold by M to the Defendant as a tugboat.

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