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(영문) 서울중앙지방법원 2018.11.06 2017나87649
약정금
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. Basic facts

A. The Plaintiff is an incorporated association that conducts research and study projects to improve the quality of dental equipment, to ensure the sound distribution order, to export and import dental equipment, and to promote friendship and welfare among its members. The Defendant is a company that conducts advertising agency business, advertising preparation business, exhibition agency business, etc.

B. On August 27, 2014, when requesting the Defendant to plan and proceed with the “A EXPO (hereinafter “A”)”, the Plaintiff entered into a business agreement with the Defendant, which includes the following matters. Around that time, the Plaintiff paid KRW 50,000,00 to the Defendant as down payment, and separately paid KRW 10,000,000 to the B who was responsible for the supervision of the said event.

(Rights and Obligations of the Plaintiff) The Plaintiff shall be the final decision-making authority of all the decisions.

The plaintiff recruits 250 copies of participating companies belonging to the Association.

(Defendant’s work) The Defendant shall jointly supervise the main event, select a sponsor, and fulfill his duty to do so.

The defendant shall plan and recruit at least 300 dental clinics, dental drugs, and dental hygiene-related enterprises, other than the Association, in collaboration with the press organization, and shall plan and implement at least 50,00 medical personnel and the general public related to the oral hygiene, and shall request the supervision, and shall pay the remuneration therefor, as well as supervision.

(Rights of the Defendant) The Defendant has the right to receive distribution of profits from profit-making businesses guaranteed by the draft basic plan for the event.

Provided, That if the number of participations other than the Association members is less than 150 copies, the above rights shall be lost.

The defendant shall receive 50% of the amount of the incidental expenses received from participants other than those from members of the Association, and 30% of the amount shall be paid to the press, and 20% of the remaining sales incidental expenses shall be paid to the planning company for B supervision within 20% of the amount of the total incidental expenses.

However, the above daily0 million won was paid as advance payment at the time of this contract.

The defendant shall be present during the event.

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