원고료반환 등
1. The plaintiff (Counterclaim defendant)'s primary and conjunctive principal claim, the defendant (Counterclaim plaintiff)'s counterclaim.
The summary of the case in the main lawsuit is the case where the plaintiff and the defendant (the author) who entered into a contract with the plaintiff (the plaintiff) for the writing and use of the main copy of the broadcast theater (the broadcast theater contract) with the plaintiff (the plaintiff) seeking reimbursement of the amount equivalent to KRW 360 million for the cancellation of the contract due to the plaintiff's failure to perform his/her obligation to prepare and modify the main copy, and sought reimbursement of the amount equivalent to KRW 360 million for the restoration of the already paid plaintiff's money, and the preliminary amount is ② upon the plaintiff's notification under Article 10 of the Broadcasting theater contract, the plaintiff's reimbursement of the amount equivalent to KRW 180 million for the plaintiff's money based on the main copy which was completed and submitted by the defendant among the already paid money of KRW 180 million for the reasons that the contract was terminated on the condition that the defendant's possession was terminated.
Counterclaim case is a case where the defendant seeks against the plaintiff the payment of damages amounting to KRW 360 million, on the ground that the contract termination of the plaintiff is based on Article 673 of the Civil Code, which is liable to compensate the contractor for damages.
The intervention case is a case for which the intervenor seeks payment to the defendant on the ground that the intervenor's claim for restitution equivalent to KRW 18 million, which is equivalent to the intervenor's profit distribution ratio (60%) under the drama joint production contract between the plaintiff and the intervenor, among the 180 million won that the intervenor paid to the plaintiff as part of the plaintiff's fee against the defendant, belongs directly to the intervenor.
On the premise of fact, the Defendant, including entering into a contract for writing and use of the text of a broadcast theater, is the author who written the drama theater of “E” (the period from May 21, 2008 to July 24, 2008) and “F” (the period from March 3, 2014 to April 22, 2014) broadcasted in SBS.
On July 201, the Plaintiff acquired the copyright, etc. of G’s cartoon “H” and proceeded with the SBS in consultation with respect to the production and compilation of the drama, which is the original work of the said cartoons, and then the author from SBS on November 11, 201.