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(영문) 서울중앙지방법원 2016.08.10 2016가단5035768

출연료

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a legal entity established on May 27, 2015 for the purpose of an entertainment business, etc., and B was an artist belonging to the Plaintiff. 2) The Defendant is a legal entity that aims to produce and distribute broadcast programs.

B. On September 9, 2015, the Plaintiff and the Defendant’s Intervenor entered into a contribution contract with the Defendant and C (hereinafter “C”) on the following terms and conditions:

(hereinafter referred to as the “instant contribution contract” (hereinafter referred to as the “production”) (hereinafter referred to as the “instant contract”) refers to the Defendant, the “affiliated company” to the Plaintiff, and the “subverter” to the Defendant’s Intervenor: The payment method of KRW 50,000,000 per round of the total amount of contributions (per round of KRW 168,00,000): The payment of KRW 50,000,000 per day of the contract and KRW 50,000,0000 on the first day of the broadcasting shall become effective from the date of conclusion of this contract, and is terminated when the provision of all services and rights of the “person” under this contract is completed.

Article 4(1)(i) The producer shall pay the contribution fees (including royalties) prescribed in this Agreement to the “affiliated”) to the “affiliated”, the legal representative of the “Extension”, as provided for in this Agreement.

(2) The term “producer” shall have the duty to manage in good faith so as not to impair the social images and personality of “drawers” during the entire process of the manufacture project related to the drama.

Article 5(Duties of “Extension” and “affiliated”) The terms “person” and “affiliated” shall provide the producer with in good faith all services that the postponed provides customarily in accordance with the manufacture schedule, budget and production method of the drama, and, upon presentation of the details, are not limited as follows:

(2) Article 9 (Cancellation of Contracts and Compensation for Damages) (2) "Person extending" is deemed to be due to natural disasters, wars, and other force majeure conditions under which the "person extending" cannot be controlled objectively.