선급금반환청구 등
1. The plaintiff's claims against the defendants are all dismissed.
2. On the part of the Intervenor succeeding to the Plaintiff:
A. The defendant corporation.
Facts of recognition
On September 1, 2018, the status of the parties A (formerly: Company E), a company engaged in the planning, production, distribution, and sale of music records, and the company dissolved after being merged with the Plaintiff on September 1, 2018.
(hereinafter “Plaintiff” regardless of before and after the merger). F (hereinafter “F”) was merged with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and dissolved on December 1, 2017. Defendant D is the representative director of Defendant Co., Ltd.
The Plaintiff entered into a contract with the Plaintiff on February 2, 2015, and the Plaintiff entered into a sound record and content distribution contract with F on the following terms: “F planning and production of eight copies, such as one copy of G Digital Washington, and providing the Plaintiff, and the Plaintiff intends to exclusively produce, distribute, distribute, and sell the above part (hereinafter “instant distribution contract”). In such case, Defendant D (the representative director of F at the time) jointly and severally guaranteed all the obligations owed by F to the Plaintiff under the instant distribution contract.
The part relating to this case in the distribution contract of this case is as follows.
The purpose of this Agreement is to clarify the rights and obligations between the Plaintiff and the F in exclusively producing, distributing, distributing, selling, etc. records planned and produced by F and related contents within the contract area during the contract period.
Article 6 (Advance Payments)
1. The Plaintiff who received advance payment shall pay in F the total amount of KRW 200,000 (Won 200,000,000) on the pretext of the production, publicity, etc. of sound records and content by three installments where the following conditions are fulfilled:
2. (1) The advance payment under Section 1 of this Article refers to the amount that the Plaintiff bears the obligation to pay, and F is in offset against the Plaintiff’s obligation to pay for the F in accordance with the relevant provisions of this Agreement.