선지급금반환
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 799,932,787 and the interest rate thereon from January 1, 2020 to the date of full payment.
1. Basic facts
A. The Plaintiff is a company with the objective of filming, video products, and other video works, and Defendant B (hereinafter “Defendant B”) is a company with the objective of importing, exporting, producing, distributing, and selling film, and Defendant C is the representative director of Defendant B.
B. On April 22, 2016, the Plaintiff and Defendant B entered into a distribution agency contract for the film of Nonparty 10 and Nonparty 2 (hereinafter “instant contract”), and the Plaintiff entered into with Defendant B an advance payment amount of KRW 375,000,000 on June 30, 2016, and the same year.
9. A total of KRW 1 billion on February 15, 2017, including KRW 375,000,000,000, and KRW 250,000 on February 15, 2017, was paid. Article 6 of the instant contract provides for the method of settlement as follows:
Article 6 (Settlement of Accounts and Payment of Payments)
1. The Plaintiff shall settle the accounts of the extreme installments generated from the extreme head each month, issue a tax invoice (the above consignment tax invoice) to each extreme head in the name of Defendant B, and submit the pertinent settlement details to the Defendant B.
In any case, Defendant B may not receive the extreme installments from each theater in any case.
2. The Plaintiff shall conduct the primary settlement of the film within 60 days from the date when the number of screen screeners showing contract works in Seoul area after the opening date of the theater and the daily number of screeners does not exceed 50, and deliver the statement of accounts to the Defendant B. The Plaintiff shall pay the settlement money in cash within five business days from the date of delivery of the statement of accounts.
The final settlement schedule shall be within 90 days from the date the number of screeners screening contract works in Seoul area after the opening date of the theater and the daily number of screeners of each screen does not exceed 50, and shall be determined by a separate consultation between the plaintiff and the defendant B.
In addition, even if the plaintiff fails to receive the theater installments, the plaintiff shall pay it to the defendant B according to the settlement date of this Article.
3. The settlement funds that the Plaintiff paid to Defendant B shall be set aside in each theater.