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1. The Defendant (Counterclaim Plaintiff) paid KRW 15,535,438 to the Plaintiff (Counterclaim Defendant) and the amount from May 8, 2013 to January 23, 2015.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The plaintiff is a photographer who works in Korea and abroad, and the defendant is a representative of B gallon, and the plaintiff has sold and displayed the plaintiff's photographic work through the defendant.
B. From April 26, 2013 to April 28, 2013 through the Defendant’s gallon, the Plaintiff displayed a total of five points of works, such as “C” and “D” scenarios, to the Paris Puhoto LA” (hereinafter “instant exhibition”).
C. On April 26, 2013, the Defendant sold at USD 71,00 in total US dollars 71,000 the E/F works (e.g., 1, 2) sent by the Plaintiff to the MPA (MPA), a photograph museum of the United States of America. On May 7, 2013, the Defendant received the payment of the payment on around May 7, 2013. After the completion of the instant exhibition, the Plaintiff offered G (e.g., 3 of the instant exhibition) among the works that were sent to the Plaintiff’s Branch residing in LA, as gift, and received the payment of the payment of the payment of the payment of the said amount of G (e.g., USD 34,028 at the market price in return for providing them to the Plaintiff’s Branch residing in the instant exhibition.
The Defendant’s display of works at the instant exhibition, except for participation fees, shall be as follows.
① USD 3,930 U.S. dollars 3,930 (Evidence 4) for additional installation costs, such as additional walls, lighting, and painting, in Seoul, at a 20-point maritime transportation cost, including five points of the Plaintiff’s five points of the work, KRW 400,700 for the Plaintiff’s work, and KRW 1,93,800 for the Plaintiff’s assistant’s flight cost, ⑤ KRW 400,00 for the local transportation cost of the Plaintiff’s work.
E. The exchange rate at the time of the conclusion of the instant pleading is KRW 1,099 per USD 1,000.
[Ground of recognition] Evidence Nos. 1 through 12, Evidence Nos. 1 through 8, and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion is the principal suit, and the Plaintiff should pay USD 75,000, half of the sales proceeds of USD 1,50,000 sold by the Defendant.