beta
(영문) 서울중앙지방법원 2019.03.19 2017나68389

정산금청구의소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On June 11, 2014, the Plaintiff, Defendant, C, and D (hereinafter “D”) entered into a contract for joint production and profit-sharing of film “E” (hereinafter “E”).

(hereinafter “instant contract”). (b)

The part relating to the instant contract relating to the instant case is as follows.

(Purpose of this Agreement) The purpose of this Agreement is to clarify the rights and obligations of the Plaintiff, Defendant, C, and D, and the distribution of profits in the joint production of fashive movies specified in Article 3.

Article 3 (Abstract of Works Subject to Contract) The outline of the Works which are the subject of this Agreement shall be as follows:

1. Title E (A)

2. Provision/distribution: Provision-F/distribution-unrefined

3. Planning: G (the representative of the defendant), and C;

4. Production: H (the representative of the plaintiff).

5. Joint production: C.

6. Supervision: Article 5 (Cooperation in Manufacture and Roles)

1. The basis of the Plaintiff, Defendant, C, and D’s mutual cooperation for the production of the instant film is for the entire production process in accordance with the good faith principle.

2. The plaintiff, the defendant, C, and D shall jointly consult on the production, marketing, and distribution of the motion picture of this case.

3. In principle, the management and enforcement of production costs related to the production of the motion picture of this case shall be executed by the Plaintiff.

Provided, That according to the film production situation, the plaintiff and the defendant may execute the production costs through consultation with the defendant, and the executed party shall bear all the responsibility related to the settlement of accounts.

4. In order to produce the film of this case, the Plaintiff has the duty to raise investment funds, carry out ging, produce movies, and manage movies, and the Defendant, C, and D have the duty to cooperate to the Plaintiff as much as possible with the Plaintiff in order to attract total production costs.

Article 7 (Indication or Public Announcement of Facts of Joint Production) The plaintiff and the defendant externally indicate or publicly announce the fact of joint production of the motion picture of this case in connection with the production of the motion picture of this case.

Article 8 (Settlement of Accounts and Distribution of Profits)