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(영문) 서울중앙지방법원 2014.03.19 2012가합106886
약정금 등
Text

1. As to KRW 156,362,571 among the Plaintiff and KRW 111,362,571 among the Plaintiff, Defendant B Co., Ltd., from November 21, 2012 to 45.

Reasons

1. Basic facts

A. On April 10, 2012, the Plaintiff entered into a “joint performance production and agency contract” with Defendant B, with the content that the Plaintiff would produce and hold a public performance (hereinafter “instant public performance”) in the performance hall of Mana Cota in Mana, Mana, which is located in the Republic of China (hereinafter “Mana”), and distribute profits therefrom.

B. In the above contract, the Plaintiff and Defendant B invested KRW 400,000,00 for the purpose of the performance of this case. The Plaintiff entered into a contribution contract with the number of persons to be contributed to the performance of this case and paid out the expenses incurred in addition to the Plaintiff’s participation. Defendant B agreed to distribute the remainder to the Plaintiff and Defendant B at the ratio of KRW 1:50,000,000 in the performance hall rental fee in the first priority order, and the return of KRW 400,000 in the Plaintiff’s investment fee to KRW 250,00,000 in the second priority order, and the return of KRW 3 in the third priority order.

C. On April 13, 2012, Defendant B entered into a “public performance production investment contract” for the production and holding of the instant public performance with “F”, which is a Marcar, 2012, and concluded the same contract with Defendant C, a domestic company, around May 2012. The main contents of the said contract are as follows.

1) Defendant C makes a prior investment in the rental fee of the Marcario local performance hall, while taking charge of the work on the Macaro local performance hall in relation to the production and holding of the instant performance hall, and Defendant C invests in the cost of the performance hall, promotion, and stage production. If Defendant C makes an additional investment in addition to the local performance fee, Defendant C and Defendant B shall settle the investment ratio based on the total performance fee, including the performance fee, and distribute the profit and loss in proportion to the ratio. 2) An admission ticket for the performance.

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