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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
1. The purport of the claim is.
Reasons
1. The scope of the adjudication at this court filed a claim against the Defendant for the counterclaim against the Defendant for the payment of damages and consolation money due to nonperformance. The Defendant filed a counterclaim against the Plaintiff for the compensation of damages and consolation money due to nonperformance. The first instance court partly accepted the Plaintiff’s claim, and dismissed the Defendant’s counterclaim.
Therefore, since only the defendant appealed against this part, the scope of the judgment of this court is limited to the part of the plaintiff's claim and the part of the defendant's counterclaim claim.
2. Determination as to the claim on the principal lawsuit
A. On July 5, 2018, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant to act on behalf of the Plaintiff for KRW 54 million for the event of the instant case (hereinafter “instant event”) on behalf of the Plaintiff on behalf of the Defendant, and the primary content thereof is as follows.
Article 2 of this Convene Agency Agreement, the plaintiff's agency under this Agreement shall be as follows, and detailed matters shall be presented by the plaintiff:
Bench Name: Between August 15, 2018 and August 18, 2018: The Defendant shall, at the same time as this contract is made, pay 19 million won as the down payment, and the remainder 35 million won shall be paid in cash within five business days after the end of the event.
(B) If the Defendant fails to pay any balance without good cause despite the termination of its exercise, the interest in arrears equivalent to 0.1% of the balance every day shall be added for each additional day.
Article 4 In order to faithfully perform the rights and obligations of the Plaintiff, the Plaintiff has the following rights and obligations:
The formulation of a promotion plan for the event and the operation of the selection store of the participating companies in the Chuncheon area event, and the planning of a public performance program and price consultation program and the placement of an event site and the establishment of an ancillary facility under Article 5.
1. The plaintiff is a contract.