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(영문) 서울중앙지방법원 2016.02.03 2014가단182801
선급금반환
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 74,659,889 and Defendant A Co., Ltd. with respect thereto from September 26, 2014.

Reasons

1. Judgment on the ground of the plaintiff's claim

A. 1) On July 27, 201, the Plaintiff, a company running a music record and distribution business, concluded a music record and content distribution contract with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and paid KRW 100,000,000 as advance payment to the Defendant Co., Ltd., and paid KRW 3,60,000 as the cost of music production around August 201. 201. 2) The said advance payment is, in principle, to be returned to the Plaintiff by the Defendant Co., Ltd., as a matter of principle, as the Plaintiff’s distribution of music source with copyright by proxy, the said advance payment is scheduled to offset the Plaintiff’s sales fee (the sales fee from the sales of music record and content minus the Plaintiff’s distribution fee).

Defendant B guaranteed the Defendant Company’s obligation to return advance payment to the Plaintiff.

3) The amount to be paid by the Plaintiff to the Defendant Company is KRW 28,940,111, among the figures arising within the period of the above sound records and content distribution contract (from the first music date to December 31, 2012) (the first music date): 28,940,111. [The grounds for recognition: the absence of dispute, Gap evidence 1 through 4, and the purport of the whole pleadings.

B. Therefore, barring any other circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff advance payment of KRW 74,659,889 (=103,60,000 - 28,940,111) and damages for delay.

2. The Defendants asserted as to the Defendants’ assertion is merely in the form of sound records and content distribution contract (No. 1) and actually received 100 million won from Defendant B, and thus, they do not have any obligation to return the above assertion. However, there is no evidence to support the above assertion contrary to the statement in the disposal document.

3. Conclusion: (a) the Defendants jointly and severally agreed on KRW 74,659,889 against the Plaintiff and the Defendant Company on the day following the delivery date of a copy of the instant complaint as sought by the Plaintiff; and (b) the Defendants Company B from September 26, 2014 to November 5, 2014 to facilitate each lawsuit.

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