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(영문) 서울중앙지방법원 2018.12.14 2018가단8949
대위변제금 등
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 August 20, 2014, G (hereinafter “instant performance”) was conducted on August 20, 2014, as the production support source (the main, main, main, and management, and the full name, form, etc. of a production support group) such as C hosting, D, and E, and F.

B. On September 11, 2014, the International Entertainment Co., Ltd. (hereinafter “Twit Entertainment”) drafted a repayment memorandum with H and C, a tax-exempt corporation, the representative of which is H and C (hereinafter “instant repayment memorandum”) as follows.

On August 20, 2014, the representative B of H and C did not prepare system costs, contribution charges, and other costs, and did not pay performance costs, and as a result, individuals and outsourcing companies, including Tak Co., Ltd., paid in advance the expenses required for performance, and paid in advance by the end of August, but prepared a statement of performance due to the failure to pay up to August.

- The repayment period: Not later than 16:00 on September 30, 2014 - The payment period: Twit, A, I, relays, J, OAP production, author, music supervision, and production, etc. - The payment amount: KRW 30 million per day: T-29-20-40358 of the daily bank.

[Reasons for Recognition] Class A, Nos. 1, 4, and 2

2. The plaintiff's assertion

A. Although the cost required for the performance of this case is KRW 300 million, if the plaintiff paid the performance of this case on behalf of the defendant through the written statement of performance of this case, the performance of this case was finally agreed to receive the payment by subrogation from the defendant and continued to perform the performance of this case.

① The Defendant paid only KRW 62,558,689 out of the system cost of KRW 82,500,000, which is to be paid to Tran oil Co., Ltd. ② only KRW 6,500,000 out of KRW 16,500,000 which was to be paid to I, but did not pay the remainder.

B. Accordingly, on behalf of the Defendant, the Plaintiff paid 63,250,000 won for the performance of the instant case as follows.

(1)

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