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Reasons
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(영문) 부산지방법원 2018.05.02 2017가합41661
손해배상(기)
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1. The Defendant (Counterclaim Plaintiff) paid KRW 83,959,500 to the Plaintiff (Counterclaim Defendant) and its related amount from March 1, 2017 to May 2, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. 1) The Plaintiff is a company engaged in the business of planning and vicarious exhibition, convention, performance and production of the event of this event, and the Defendant is a company engaged in the business of operating the tetecke. 2) On September 13, 2015, the Defendant operated the tecke in Busan Gangseo-gu (hereinafter “the instant tecke”) by being entrusted by the Korean Racing Association on September 13, 2015.

3) Meanwhile, from May 2016 to May 1, 2016, the Plaintiff, at the Defendant’s request, has been holding a public performance in the G plaza in the instant case. (B) The Defendant, among the events, decided to proceed with the event “H” (hereinafter “instant event”) on two occasions on August 8, 2016 from the instant theme park to October 8, 2016 and October 15, 2016, respectively, around August 2016.

2) The instant event consists of various events experience programs and first class performance programs, etc. prepared in the 3km section of the instant event. 3) The Defendant, as a performance program of the instant event, intended to hold “I” performances from October 8, 2016 to October 24:00, and from October 15, 2016 to 24:00, as a public performance program of the instant event, from October 2016 to October 24:00 (hereinafter “instant public performance”), from around 20:00 to 24:00, respectively, to hold “I” public performance (hereinafter “the instant public performance”).

C. 1) On August 23, 2016, the Plaintiff made a contribution to six persons (J, K, L, M, N, andO) in the first performance between the Defendant and the Defendant on August 23, 2016, and received a contribution fee of KRW 121,00,000 (including value-added tax) from the Defendant (hereinafter “first contribution contract”).

Article 8 (Termination of the Contract)

1. The plaintiff or the defendant may terminate this contract in any of the following cases:

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