손해배상금
1. From October 7, 2017 to May 8, 2019, the Plaintiff (Counterclaim Defendant) paid 1.2 million won to the Defendant (Counterclaim Plaintiff) and its related amount.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On September 20, 2017, the Plaintiff entered into a contract for supporting the production of a program with D Co., Ltd. (hereinafter “producer”) with the content that the Plaintiff produces, delivers, and supplies 4 minutes of the 12 foot file type arts program (the program name: E; hereinafter “instant program”) to the producer, and the producer pays KRW 5 million to the Plaintiff.
B. On September 2017, the Plaintiff and the Defendants concluded a program editing agreement (hereinafter “instant contract”) with the content that the Defendants edits the shooting files provided by the Plaintiff, setting a period of KRW 1.2 million on October 5, 2017 and KRW 1.2 million on editing costs.
C. Around September 25, 2017, the Plaintiff sent a film file to the Defendants. The Defendants sent a program editing file to the Plaintiff on October 6, 2017 through compilation work. Around October 19, 2017, the Defendants sent the program editing file to the Plaintiff as a e-mail.
around 03:30 on October 7, 2017, the Plaintiff pointed out that the Defendants should correct the compilation files, and Defendant B cannot agree to the Plaintiff’s correction direction.
Defendant C sent F message to the effect that around 13:00 on October 7, 2017, Defendant C could no longer work for the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, Eul evidence Nos. 1, 5 and 6, the purport of the whole pleadings
2. The assertion;
A. The Defendants (the Plaintiff) did not complete the program editing work under the instant contract. The Plaintiff did not receive the remainder of the production costs for the instant program due to the Plaintiff’s nonperformance of obligations. Moreover, the Plaintiff concluded two community video production contracts (the estimated amount of KRW 33 million) on condition that the said program was supplied, but the contract was also non-existent.
In the case of the musical video production, 30% interest of the normal contract price shall accrue.
The Plaintiff was virtually unable to meet the delivery deadline of the instant program.