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(영문) 서울중앙지방법원 2016.01.13 2013가합535450

정산금

Text

1. The Defendant (Counterclaim Plaintiff) is classified by month among the Plaintiff (Counterclaim Defendant)’s KRW 1,208,19,106 and the attached Table 1’s account statement.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On September 209, the Plaintiffs agreed to jointly produce the drama “B” (hereinafter “the instant drama”) and distribute profits therefrom. On September 2009, the Plaintiffs concluded a program production contract with SPS (hereinafter “the instant production contract”) with the content that the Plaintiffs would receive incentives with the production cost and viewing rate of KRW 90 million each time from SPS in return for the manufacture and supply of the instant drama to SPS (hereinafter “instant production contract”).

B. Upon entering into the instant production contract with the Plaintiffs, SPS vest all the author’s property rights, such as the public transmission right, reproduction right, distribution right, performance right, and exhibition right, related to the instant drama, to SP. However, the Plaintiffs agreed that the right to produce and sell the instant OST music shall be held by the Plaintiffs.

C. In order to contribute C and D (hereinafter “C, etc.”) to the instant drama, the Plaintiffs entered into a drama contribution agreement with the Defendant, C and D, respectively, around 2009. The major contents of the agreement and the contribution agreement between the Plaintiffs Defendant C and the DefendantD (hereinafter “instant contribution agreement”) are as follows.

The contributions contract between the plaintiffs defendantC and the plaintiffs defendantD are separate contracts, but the contents of each of the above contributions contract are completely identical to C and D, so the main contents of each of the above contributions contract are to be described in a lump sum for convenience.

The Plaintiffs, the Defendant and the Defendant’s postponement C, etc. enter into a contribution contract with C, etc. for the production of the Plaintiffs’ cinematographic works as follows.

§ 30,000,000 won/D for each time, 80,000 won per time, 80,000 won, i.e., F Payment No. B of the PBS SB E/70 minutes: