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(영문) 서울중앙지방법원 2016.04.07 2015가합15578
부당이득반환
Text

1. Defendant A Co., Ltd.: (a) KRW 266,50,000 per annum for the Plaintiff and 5% per annum from March 10, 2014 to November 8, 2015.

Reasons

1. Basic facts

A. On March 5, 2014, the Plaintiff entered into a joint performance award agreement (hereinafter “instant agreement”) with Defendant B, on behalf of Defendant A Co., Ltd. (hereinafter “Defendant Company”), which the Plaintiff and the Defendant Company jointly agreed to jointly hold a performance “C” (hereinafter “instant agreement”).

The main contents of the above contract are from the date of conclusion to August 31, 2014. The plaintiff invests US$ 250,000, and the defendant company is in charge of planning and overall business of events, conflict of interests and other affairs, and profit distribution is to divide the remaining profits into 5:5, after deducting business expenses, such as the plaintiff's investment, rental, copyright, and value added tax, from the revenue from the performance pocket sales.

B. Under the instant contract, the Plaintiff paid each of the Defendant Company KRW 10 million on March 5, 2014, and KRW 166,500,000 on March 10, 2014, respectively. The sum of KRW 266,50,000,000 in USD 250,000 is equivalent to USD 250,000.

C. However, the Defendant Company did not perform the instant contract even after August 31, 2014.

[Reasons for Recognition] Defendant Company: The fact that there is no dispute between Defendant B and Defendant B, each entry in Gap evidence Nos. 1 and 2

2. Claim against the defendant company

A. Although the Defendant Company entered into the instant contract and received KRW 2665 million from the Plaintiff, the Defendant Company did not perform all its contractual obligations under the instant contract.

The plaintiff cancels the contract of this case by serving a copy of the complaint of this case on the ground of the defendant company's non-performance of such obligation.

Therefore, the instant contract was rescinded on November 8, 2015, when the duplicate of the instant complaint was served on the Defendant Company.

Therefore, the Defendant Company received KRW 266.5 million from the Plaintiff due to restitution to the Plaintiff, as sought by the Plaintiff, as well as the final payment date of the said money from March 10, 2014, on which the duplicate of the instant complaint was served on the Defendant Company on November 8, 2015.

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