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(영문) 서울동부지방법원 2018.05.16 2017가단125987
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 14,726,026 to the Plaintiff (Counterclaim Defendant) and its related amount from July 6, 2017 to May 16, 2018.

Reasons

1. Common factual relations concerning the principal lawsuit and counterclaim;

A. The Plaintiff is a person operating a photographing company, such as a white day and a photo, with the trade name of “C,” and the Defendant was a person operating the E Postnatal Care Center (hereinafter “E”) in Songpa-gu Seoul Metropolitan Government D and the G Postnatal Care Center (hereinafter “G”) in F.

B. The Plaintiff and the Defendant concluded a business agreement with the Plaintiff on the content that the Plaintiff provided the mother using the Defendant’s postnatal care center with a full-time photo, a newborn baby photograph, and a 50-day Arabic photo without compensation (which shall be given an opportunity to take photographs of 100 days, 200 days, and 10 days a day a day a day a day a day a day a day a day a day a day a day a day a day a day a day a day a day a day a day after

The Plaintiff paid the following money to the Defendant as the price for the provision of an opportunity to take photographs (hereinafter referred to as “agreement”).

E: From September 22, 2014 to September 21, 2017.

G: from November 12, 2014 to November 12, 2017, the agreed amount of KRW 20,000:

agreed amount of KRW 15,000,000

C. Around April 22, 2016, the Plaintiff and the Defendant concluded a new business agreement with E (the contract term from April 22, 2016 to April 21, 2019) with respect to E, and paid KRW 20,000,000 as agreed amount.

By April 20, 2017, the defendant sent the name of the mother (the name of the mother, cellular phone number, and the scheduled date for delivery) to the plaintiff once a month until April 20, and thereafter did not provide the name of the mother.

On April 20, 2017, the list of names provided by the Defendant was written with the mother information scheduled to give birth in May, G, May, June, and July of E.

E. On May 29, 2017, the Plaintiff taken pictures of H’s full photograph, a mother of G reservation, in C.

F. The Defendant transferred E to I on June 10, 2017.

E has started business again on July 2017 after internal repair.

G also transferred to another person, and the internal repair began from July 2017.

[Reasons for Recognition] A. 2 through 8, 10, 11, 13, and 10, 13, and 14, without dispute.

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