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(영문) 서울서부지방법원 2017.03.08 2015가단41414

손해배상

Text

1. The plaintiff's primary claim against the defendants is dismissed.

2. Defendant B Co., Ltd.: 10,000 in Japan to the Plaintiff.

Reasons

(b) the facts of the basis;

A. On April 3, 2015, Defendant B Co., Ltd. (hereinafter “Defendant Company”) entered into a contract with the Plaintiff on the supply of video production programs (hereinafter “instant contract”) with the Defendant Company, and its main contents are as follows.

Article 2 (Program) The programs that the Defendant Company supplies to the Plaintiff are as follows:

* Program Name: C (A) Broadcasting: TV line, tV line, 5-6-7 scheduled 5-6-7 scheduled 2015: 60 minutes x 4 (Payment and Settlement of Price) 16 Part x 16 x royalties and royalties are as follows:

1) Amount: 100 million U.N. (i.e., 625 million U.N. x 16 Part) 2) The Plaintiff deposits the sum of 100 million U.N. on May 2015, 2015. The next payment date shall be paid 40 million U.N. within five (5) days from the date the drama is taken first, and the remainder of 50 million U.N. shall be paid within five (16) days after the date the drama taken first.

Article 9 (Cancellation of Contract) (1) In the event a program that the Defendant Company promised to supply under the instant contract is not produced or is not broadcasted pursuant to Article 2 for any other reason, the Plaintiff may terminate the instant contract with written notice, and the Defendant Company shall return in cash the total amount of the price already paid by the Plaintiff.

(3) Where a plaintiff fails to perform his/her duty under Article 4, the defendant company may terminate the contract after the lapse of 14 days after making a request for correction.

In such cases, MG paid by the plaintiff to the defendant company shall not be refunded.

B. On May 18, 2015, pursuant to the instant contract, the Plaintiff paid 10 million U.N. to the Defendant Company.

The defendant received the above money and prepared a receipt to the plaintiff, and the above receipt stated to the effect that "the defendant company shall return to the plaintiff within one year with interest added to 10 million UN when the above Rama (C) was not produced."

C. Defendant A on October 16, 2015