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(영문) 서울중앙지방법원 2018.12.07 2017나73015

제작지원금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff is a general content planning company engaged in the planning, production, and domestic and foreign sales business of broadcasting programs. Defendant B (hereinafter “Defendant Company”) is a company engaged in the hosting and agency business of broadcasting events. Defendant C is a representative of the Defendant Company.

B. In order to produce a broadcast program under the name of “G” on April 3, 2014, the Plaintiff advertised “H”, which is a brand operated by Company D (hereinafter “D”) and D, by means of exposing the above broadcast program, and in return, received KRW 150,00,000 from D with the production subsidy. The Plaintiff entered into a contract under which the Defendant Company will act on behalf of the Defendant Company for such product placement and production support (hereinafter “instant production support contract”). Since it was difficult for the Plaintiff to complete the frequency of implementation of the first agreement, the production subsidy was adjusted to KRW 135,00,000 as the product payment was adjusted to KRW 135,00.

C. However, the Plaintiff failed to receive KRW 72,50,000, out of the production support funds stipulated in the instant production support agreement, and the Plaintiff, Defendant Company, and E Co., Ltd. (hereinafter “E”) made an agreement between the Plaintiff, Defendant Company, and the Defendant Company (hereinafter “E”) on January 28, 2015, on seven installments of the production support funds that the Defendant Company paid to the Plaintiff by March 20, 2015, and the Defendant Company bears the responsibility for the said payment if it fails to perform the said payment obligation, and three copies of the production support funds are jointly and severally guaranteed by Defendant C and E’s representative director (hereinafter “instant three copies agreement”).

The Defendant Company did not perform its obligation to pay under the agreement between the three parties. On November 19, 2015, the Plaintiff and the Defendant Company paid KRW 20,000,000, out of the production subsidies not paid by the Defendant Company, until November 30, 2015, and the remaining KRW 52,20,000,000 on the 25th of each month divided into ten months.