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(영문) 서울중앙지방법원 2019.07.17 2018가합550492

계약금반환

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 220,000,00 and Defendant B with respect thereto from August 4, 2018.

Reasons

1. Basic facts

A. The Plaintiff related to the parties is a company engaged in the production, purchase, and domestic and foreign sales of broadcasting programs, and Defendant C (hereinafter “Defendant Company”) is a company engaged in the production of drama and scripts, and Defendant B is a drama author belonging to the Defendant Company.

B. On June 20, 2012, the Plaintiff and the Defendant Company entered into a drone writing contract (hereinafter “instant contract”) with the following terms and conditions:

A) The Defendant Company D (hereinafter “A”) and the Defendant Company (hereinafter “B”) entered into a contract for the production of video works as follows:

Article 1 The objective of this Agreement is to clarify the rights and obligations between the contracting parties related to writing a script necessary for the production of the cinematographic work in connection with the production of the cinematographic work scheduled to be “A”.

Article 3 Contract Object

1. The word “A” requesting “B” to write a work refers to a total of 50 minutes per time on a series of weekends or weekends with a total of 50 minutes per 60 minutes per time.

Provided, That where the composition per week exceeds 60 minutes, the special fee for the writing contract for the excess portion shall be separately paid in accordance with the above, and the timing and method of payment shall be calculated by calculating the total number of writing recorded in this Agreement and the number of dramas, etc. for which the composition of the per minute has become final and conclusive, and the time of payment shall be within 30 days after the date the drama ends.

2. “B” shall provide services by taking charge of writing sector teams.

In particular, the author of C must faithfully perform the work related to the overall writing by making his own writing and making his best effort in accordance with the general drone writing method by Defendant B.

Article 4 Contract Terms

5. “A” and “B” are mutually agreed upon when broadcast programming is not finalized by December 31, 2013.