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(영문) 서울고등법원 2019.11.22 2019나2010468

공탁금출급청구권확인

Text

1. Revocation of the first instance judgment.

2. The plaintiff A;

A. As between Defendant BG Co., Ltd, AY, and AZ, AJ Corporation.

Reasons

1. Scope of the judgment of this court;

A. The following facts are clear in the records:

1) In the first instance trial, the Plaintiffs and Co-Defendant BA Co-Defendant B Co-Defendant (hereinafter “BA”) of the first instance trial.

(1) On the other hand, the plaintiffs primarily refer to AJ Corporation, AK, and AL Co., Ltd. (hereinafter referred to as "AJ", "AK", and "AL", and they refer to "each broadcasting company".

(2) The agreement on the contribution of the broadcast program with the State (hereinafter referred to as “each of the instant contributions”).

2) Preliminaryly, AM Co., Ltd., a entertainment planning company (the trade name before the change is a corporation, NO, etc.) to which the Plaintiffs belong, on the grounds that the contribution fee claim belongs to the Plaintiffs, and that the said claim belongs to the Plaintiffs.

However, each of the instant contribution contracts constitutes a principal contractor and a subcontractor under the contract. Since the Plaintiffs did not receive two or more minutes of the contribution fees to be paid by AM, the principal contractor, and each of the Plaintiffs is obligated to directly pay the Plaintiffs the contribution fees pursuant to Article 14(1)3 of the Act on Fair Transactions in Subcontracting, each of the broadcasting companies requested confirmation that each of the Plaintiffs’ claims for the withdrawal of each of the deposited money on the order that each of the Plaintiffs and AM, etc. deposited by the principal contractor, as the principal contractor, had the obligation to directly pay the Plaintiffs the contribution fees. The first instance court rendered a ruling dismissing both the Plaintiffs’ primary and conjunctive claims against them, and appealed appealed against them. (2) The Plaintiffs were in the position of workers in the court prior to the remand, and (2) The Plaintiffs were in the position of workers in the relationship with AM, and thus, the Plaintiffs are entitled to receive the total amount of the contribution fees in preference to the Defendants.