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(영문) 부산고등법원(창원) 2014.10.16 2013나21270
약정금등
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Basic facts

A. The plaintiff is a male with his spouse and is engaged in the environment-related construction business under the trade name of "C," and the defendant is an unmarried female who operates "D."

The plaintiff became aware of the defendant at a meeting around 2007.

The defendant owns land and buildings located in Gyeongnam-gun E (hereinafter collectively referred to as the “instant farm”).

나. 피고는 2012. 4. 2.부터 2012. 4. 12.까지 사이에 경남고성공룡세계엑스포(이하 ‘공룡엑스포’라고 한다) 기획전시실에서 ‘F’이라는 명칭으로 서예 및 서각 작품 개인전시회(이하 ‘이 사건 전시회’라 한다)를 개최하였다.

The Defendant displayed 43 points of each of the instant exhibitions, and 41 points out of which are made by the Defendant or another person, making the instant exhibition as a paintings, and the Plaintiff was made by cutting down trees.

The sum of sales proceeds of each of the above book 41 points is KRW 71,600,00.

[Ground of recognition] A without dispute; Gap evidence Nos. 2 through 35-3 and 5-1 through 35; Eul evidence Nos. 3 and 4; part of the party questioning conducted against the plaintiff at the party hearing; the purport of the whole pleadings

2. Part of claim for profit distribution

A. The Plaintiff’s assertion was that the Defendant agreed with the Plaintiff on March 21, 2012 that the sales proceeds of each of the instant exhibitions will be paid to the Plaintiff in full. As such, the Defendant is obliged to pay the Plaintiff the total amount of KRW 71 million in sales proceeds of the instant literary works.

B. Whether the authenticity of a document is established or not shall be determined by the court based on the free evaluation of evidence and the purport of the pleading. Considering the fact that where the authenticity is recognized, the existence and content of the declaration of intent in accordance with the contents of the document should be recognized unless there is any clear and acceptable counter-proof evidence that denies the contents of the document.

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