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(영문) 서울중앙지방법원 2019.09.06 2018나77441
손해배상(기)
Text

1. Of the judgment of the first instance, KRW 10,236,698 against the Plaintiff and its related amount from September 26, 2018 to September 6, 2019 against the Defendant.

Reasons

1. Facts of recognition;

A. On January 6, 2017, the Defendant concluded a broadcast contribution agreement (hereinafter “instant agreement”) with the Plaintiff (a joint stock company: C) to operate or to contribute exclusively to personal broadcasting services designated by the Plaintiff.

The main contents of the instant contract are as follows.

Article 2 (Contract Period) The contract shall be 12 months from the date on which the contract is signed and sealed.

Provided, That it is difficult for the defendant to terminate the contract within three months from the date of the contract.

The contract term can be adjusted through mutual agreement.

Article 3 (Contract Deposit) Article 4 (Terms of Broadcasting by Defendant) (Terms of Broadcasting) The broadcasting hours of the Defendant shall proceed with broadcasting at least 15 times a month.

The broadcasting hours per time shall be two hours to thirty minutes or more.

Article 5 (Settlement of Broadcasting Fuel and Platform User Fees by Defendant) The Plaintiff shall settle the monthly aggregate profits and pay 80% of the aggregate profits to the Defendant.

The payment date shall be the tenth day of the following month.

Article 13 (Termination of Contract) If intending to cancel this contract, there shall be written agreements between the parties.

Where the Defendant did not contribute to the Plaintiff the profit equivalent to the down payment that the Plaintiff received from the Plaintiff from the contract date to the expiration date of the contract term, the Defendant shall return the difference to the Plaintiff.

B. On January 11, 2017, the Plaintiff transferred the remainder of KRW 9,670,000, which deducts taxes and public charges from the down payment to the Defendant.

C. The Defendant contributed to broadcasting in E of the Company D (hereinafter “D”) designated by the Plaintiff.

Until January 5, 2018, the term of contract expires, the Defendant broadcasted 2 hours and 30 minutes or more at least 62 times in total. The total sales received was 83,236 (54,419) and the total sales was 8,323,600 won (i.e., the total amount of 83,236 x 100 won).

The payment agency fee shall be 3% of the aggregate revenue (sales), and the platform user fee paid to D shall be the remainder of the aggregate revenue less the payment agency fee.

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