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(영문) 서울서부지방법원 2015.12.04 2015가단214410

매매대금

Text

1. The Defendant (Counterclaim Plaintiff) and the Defendant jointly and severally notify the Plaintiff (Counterclaim Defendant) of KRW 14,205,334 and its related amount on October 31, 2014.

Reasons

1. Basic facts

A. On February 24, 2012, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) entered into an agreement for cooperation with content business (hereinafter “instant partnership agreement”). Around February 24, 2012, the Plaintiff (around December 24, 2012), which purchased a part of 300 in the “SBS golf Amson’s image” from the Plaintiff and produced a part of the content by purchasing a part of 300 in the “SBS Amson’s image” from the Plaintiff, and then distributes profits from the sales (hereinafter “instant partnership agreement”).

The summary of the partnership agreement of this case is as shown in the attached Form.

B. According to the instant partnership agreement, the Plaintiff visited the Plaintiff’s editing room to copy the program “SBS golf Academy” program. The Plaintiff provided the program ID and stampboard, and only approximately 30 copies of the program “SBS golf Academy” among the program.

C. On the other hand, the four pages of the Plaintiff’s agreement to purchase within one year pursuant to Article 6 of the partnership agreement of this case did not provide the Plaintiff’s insurance policy on performance guarantee of KRW 64,800,000 for the remainder of KRW 79,200 for the Plaintiff’s program 300, and requested the Plaintiff to offset the amount with the Plaintiff. On September 25, 2013, the amount of the program unpaid to the Plaintiff as of September 25, 2013 would remain 14,205,334.

On March 28, 2014, the term “the certificate of transfer and acquisition of rights and obligations” stating the following: (a) the term “the certificate of transfer and acquisition of rights and obligations” (including value-added tax) shall be sent to the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) under the instant partnership agreement to the golf stamping Co., Ltd. (hereinafter “ golf stamping”); and (b) the term “the certificate of transfer and acquisition of rights and obligations” shall be sent to the Plaintiff on April 28, 2014, stating the term “the certificate of transfer and acquisition of rights and obligations” (including value-added tax) to be deposited from April to June

The Plaintiff received the above transfer and acquisition certificate around that time.

E. Meanwhile, Defendant A is a stock company on the certificate of transfer or acquisition.