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(영문) 서울중앙지방법원 2020.11.26 2019가합2952
정산금 청구의 소
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 539,525,520 as well as to the day of full payment from July 14, 2020 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is an employee of Defendant B Co., Ltd. (hereinafter “Defendant Company”), and the Defendant Company is a company established for the purpose of entertainment business, etc., and Defendant C is the former representative director of the Defendant Company (Dismissal on April 9, 2019).

B. On March 19, 2017, the Plaintiff entered into an exclusive agreement with the Defendant Company (hereinafter “instant exclusive agreement”) and drafted annexed agreements. The main contents are as follows.

Article 7 (Distribution of Profits, etc.) (1) The method of distributing profits or the specific ratio of distributing profits shall be determined separately by agreement between A and B.

In this case, profits subject to profit distribution refers to the expenses (the expenses necessary for assisting and maintaining entertainment activities, such as vehicle maintenance expenses, food and clothing expenses, transportation expenses, etc.), advertising fees, and other expenses paid by A under the consent of B, which are directly required from all revenues (including revenues related to the sale of contents related to B) generated from the entertainment activities of B as official entertainment activities of B.

(4) All incomes earned under this contract shall be settled as of the last day of each month after the receipt by A, and shall be paid in the deposit account designated by B by the end of the following month.

Provided, That with respect to the portion difficult to settle each month, it may be notified to the B of such fact and a separate settlement cycle and payment date may be determined.

(5) Where a third party has been compensated by A on behalf of B due to a cause attributable to B, the expenses incurred in relation to the compensation may be deducted from the revenues of B first.

In order to prescribe matters not provided for in the Entertainment Exclusive Agreement (hereinafter referred to as the "Agreement") entered into between the defendant company (hereinafter referred to as the "A") and the plaintiff (hereinafter referred to as the "B"), an annexed agreement shall be prepared.

§ 1. (Advanced Contract Deposit)

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