beta
(영문) 서울고등법원 2017.01.13 2016나2040048

용역비

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On July 17, 2014, the Plaintiff produced five copies of video works referred to as “C” from Company B (hereinafter “B”) that was the representative director, and produced and supplied a program in accordance with the first production contract, in which the Defendant was awarded a contract for KRW 162,50,000 (excluding KRW 32,500,000 per time, value-added tax) for the production of the services to be supplied to the KSN (KBSN), a cable channel.

B. On August 1, 2014, the Plaintiff was awarded a contract for the production cost of KRW 517,500,000 (per time, KRW 34,500,000, value-added tax separately) with the content that he/she would produce 15 copies of video works referred to as “D” from “D” and the Defendant jointly and severally guaranteed B’s obligation under the said contract with “E”.

(hereinafter referred to as “second production contract.” The Plaintiff produced and supplied a part of the programs under the second production contract. The production price for the program is 37,480,000 won [including KRW 113,850,000 + KRW 5,500,000 + + KRW 151,800,000 + + KRW 113,850,000 + KRW 47,520,000]]. (c) The Defendant agreed that the program will repay the remainder of the production price under the first production contract, which was not paid to the Plaintiff on September 19, 2014, the Defendant agreed that the program would be 175,50,000 won under the second production contract, including value-added tax, and that the Defendant would be able to repay the remainder of the production price to the Plaintiff on September 10, 201.

【Ground for recognition】 A without a dispute, and evidence Nos. 1 through 5 (including branch numbers if there are branch numbers; hereinafter the same shall apply)

each entry, the purport of the whole pleading

2. Determination

A. According to the facts of recognition 1 as to the cause of the claim, the Defendant owes the Plaintiff’s obligation to the Plaintiff in the instant repayment agreement and the secondary production agreement.