beta
(영문) 서울중앙지방법원 2017.01.12 2016가합524383

손해배상(기)

Text

1. Defendant A shall pay to the Plaintiff KRW 683,03,022 as well as 5% per annum from October 31, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. Defendant A has been working for the Plaintiff’s E team and has been in charge of loan business, and Defendant C is the representative director of Defendant B Co., Ltd. (hereinafter “Defendant Company”) and Defendant D is the spouse of Defendant C, who actually runs the Defendant Company.

B. (1) On September 12, 2013, the Plaintiff entered into a credit transaction agreement (hereinafter “credit transaction agreement of this case”) with the Defendant Company, setting the credit limit amount of KRW 3,000,000,000, the credit period from September 12, 2013 to April 12, 2014; the interest rate of KRW 7% per annum; the interest rate of delay at 19% per annum; and the interest rate of delay at 19% per annum.

The Defendant Company entered into the instant credit transaction agreement on the same day, as security for the instant credit transaction agreement, and as security for the Defendant Company’s Sudra F (hereinafter “the instant drone”).

(1) The total amount of KRW 3,564,00,000 (hereinafter referred to as “claims, etc. of this case”) claims for all proceeds, such as rights to broadcast, overseas sales, OST business profits, and additional business profits, to be acquired with respect to the Korea Broadcasting System in accordance with a program production contract for the production and supply of a program.

(3) The assignment of claims to the Plaintiff (hereinafter “instant assignment of claims”) is a contract to transfer the claims to the Plaintiff.

2) On October 31, 2013, the Defendant Company entered into a program production contract (hereinafter “instant production contract”) with the Korea Broadcasting System and concluded a program production contract with the content that the Defendant Company would produce and deliver the instant drama and receive KRW 3,564,00,000 in total on 24 occasions (hereinafter “instant production contract”). On October 31, 2013, the Defendant Company notified the Korea Broadcasting System of the transfer of the instant claim, including the instant revenue, etc.

3. On the other hand, Article 16(1) of the “Framework Agreement on Program Production and Delivery” in the instant production contract cannot be permitted for the Defendant Company to transfer the claims to be received from the Korea Broadcasting System in connection with the production of the program or to pledge the claims.