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(영문) 의정부지방법원고양지원 2016.07.08 2015가합74169

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in broadcasting and the production of Twitma, etc., and the Defendant is a drama author who works under the name of “C”.

B. On March 18, 2011, the Plaintiff entered into a drone writing contract with the Defendant for the portion of 20 times Twitma 20 times (hereinafter “instant writing contract”) and paid the Defendant the down payment of KRW 170 million to the Defendant, and the Defendant started to run the drama writing work for the first half of the year 2011 to the first half of the year 2012.

C. D, which was the former representative director of the Plaintiff, had resigned from the office of representative director and established E (E) (hereinafter “E”) around May 2012.

On December 18, 2012, the Plaintiff entered into a contract with E to transfer all the rights and obligations of the Plaintiff against the Defendant under the instant writing contract to E (hereinafter “instant transfer contract”) to receive KRW 580 million from E in return for a comprehensive transfer to E, and on the same day, the Defendant consented to the acceptance of the contract.

E. On December 19, 2012, the Defendant: (a) partially modified the terms and conditions of the instant writing contract with E; (b) subsequently, the Defendant concluded a license agreement with E for the writing of the instant case; and (c) subsequently, the Defendant’s completion of each part of the drama under the said contract, thereby broadcasting F through F, of the title “G” at the Korean Broadcasting System.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 5 (if there are additional numbers, including each provisional lot number list; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Defendant asserted that the Plaintiff had a duty not to write a drama for any third party, other than the Plaintiff, without the Plaintiff’s consent, until the completion of writing of each part of the drama that the Defendant agreed to provide the Plaintiff according to the instant written contract. However, in collusion with the Plaintiff’s former representative director D, from May 2012 to May 2012, the Defendant written each part of the drama for E to be newly established by D, other than the Plaintiff.

As above, the defendant's default.