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(영문) 서울중앙지방법원 2019.09.23 2018가단5133994

계약금 반환

Text

1. The Defendant’s KRW 84,00,000 as well as 6% per annum from January 1, 2015 to September 23, 2019 to the Plaintiff.

Reasons

. Each of the parties entered into a contract and entered into a contract amendment agreement on October 23, 2012.

“A” and “B” confirm that the entire contract for writing on the said two works on October 19, 2012 and on October 23, 2012 and the written agreement and the contract for the use of works concluded on October 23, 2012 (hereinafter “existing contract”) concluded on October 23, 2012 and on October 23, 2012, concluded on October 23, 2012, all of the above two works were terminated.

Accordingly, “A” and “B” agree to supply an alternative dives of daily acceleration (35 minutes x 100 copies) in accordance with Article 3(2) of the Written Agreement dated October 23, 2012 and the latter part of Article 4 of the Written Agreement dated October 23, 2012 as follows.

§ 2. Definitions

1. The term “dar” (hereinafter referred to as “dar”) refers to the works expressed by a series of images or images and sound, and shall be determined by 35 minutes*100 copies and daily transmissions (a).

2. The term “work writing” means any service that “B” provides to “A” in the production of “D”, such as the offer of ideas, planning, aoptic book, a theater writing, and a theater delivery.

3. The term “Plaintiff fee” means the cost (basic and special Plaintiff fee) paid to “A” in return for writing of a work.

§ 3. Contract subject matter

1. The phrase “A” requesting “B” to write a work refers to a total of 100 copies per 35 minutes per time.

Provided, That even where the final compilation is not a part of 35 minutes due to a daily acceleration, the benefits of the Plaintiff’s fee, subsidy writers’ fee, office, etc. under Article 5 shall be paid without any change.

§ 4. Terms, conditions, etc. of contracts

3. “A” and “B” do not become final and conclusive by December 31, 2014 by the broadcasting company to broadcast the drama, or if the broadcast programming of the broadcasting company is not final and conclusive, the broadcasting company’s “B” are added under this Agreement.