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(영문) 서울중앙지방법원 2015.08.26 2014가합582538
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 17, 2013, C (hereinafter “C”) operated by the Plaintiff entered into a business partnership agreement (hereinafter “instant contract”) with the Defendant with respect to performance (D; hereinafter “instant performance”) held in the Myanmar, and the main contents thereof are as follows.

Article 2 (Roles) The roles of the defendant and C are as follows:

The defendant's role is the local argege of Myanmar with respect to the performance management of this case, and the specific contents are as shown in Annex 1.

(e) The field planning company's physical color and interference with the field planning company's physical activities, the place of residence, transportation, etc., the consultation with local performance-related persons and relevant authorities, the consultation with the field performance-related persons and relevant authorities, the affairs related to performance planning, the affairs related to performance planning, the negotiations related to performance terms and conditions, and the affairs related to the financing of these performances, etc. (such as management, financial, accounting affairs, etc.).

The specific contents of C's role in relation to the performance management of this case are as follows.

(for example, planning and production of contents of the performance, out of the contribution and production progress, planning and management of stage, production and interference with video materials, planning and coordination of other matters related to the performance, etc.). The cost sharing between the participating personnel of the role and the distribution of profits and losses (total revenue-total cost) under Article 3 (Bearing of Expenses and Profit-Sharing) are as follows:

The ratio of separate sharing of profits and losses, Defendant 50% C 50% 50% local (E) of Myanmar 10%

B. After that, on January 11, 2014, C and the Defendant stipulated the terms and conditions of the instant special agreement (hereinafter “instant special agreement”). The main contents are as follows.

Division Defendant CF’s 21.6% 78.4% F non-contributioned 24.1% 75.9%

1. The ratio of total sales of the instant performance to the distribution rate on February 8, 2014

3. On February 8, 2014, the instant performance is generally held by C.

5. The Defendant shall endeavour to continuously support the Union of Myanmar including local members.

8. The defendant.

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