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(영문) 서울고등법원 2018.02.08 2017나2028458 (1)
약정금
Text

1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's preliminary claim added at the trial, the defendant shall be the plaintiff.

Reasons

Basic Facts

The plaintiff is a company with the objective of digital content production, performance production and planning, advertising agency business, etc. The defendant is a company with the objective of the stage arts and film production service of TBB broadcast, the lease and lease of art products, and the stage arts and film production service of performing arts and exhibitions, etc.

On April 1, 2015, Songpa-gu Seoul Metropolitan Government (hereinafter referred to as the "Songpa-gu"), such as the conclusion of an agreement on the service contract for musical performing agency (hereinafter referred to as the "Songpa-gu"), announced the public announcement to conclude the performance agency service contract (hereinafter referred to as the "instant performance agency contract") in order to conclude the performance agency service contract (hereinafter referred to as the "instant performance agency contract"), with the Defendant as the main agent, and the Defendant who participated in the said tender as the Plaintiff as the successful bidder by making a bid proposal with the content that the Plaintiff is the producer.

After July 2015, the Plaintiff and the Defendant entered into an agreement with respect to the instant performance agency contract (hereinafter “instant agreement”), and the main contents are as follows.

Article 2 (Business Sectors and Apportionments)

1. The defendant shall exercise overall control over business management and planning, and take charge of the affairs of art and system strike, and the promotion of broadcasting necessary for performing production;

2. The plaintiff takes charge of the overall production (Planning, composition, production of performances, etc.), operation (total operation and management of 35 performances) and sales, and public relations marketing.

Article 3 (Shares and Division of Business)

1. Business territory of the public offering of proposals;

(a) Defendant: Planning, general administration, and administration as a representative;

(b) Plaintiff: Execution of expenses for overall costs, such as personnel and production costs following the preparation of a written request for proposal;

2. The outline, business area and share of the performance production;

(a) Production outline - Performance title - creative musical musical journal (tentative name): - Performance place: - Performance period, such as "Ompic Hall" in the Olympic Park of Songpa-gu.

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