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(영문) 서울중앙지방법원 2016.05.19 2015가합500953
약정금
Text

1. Defendant B, E, F, and G jointly share with the Plaintiff KRW 300,000,000,000, and the Plaintiff Company B.

Reasons

1. Facts of recognition;

A. On August 24, 2012, the Plaintiff lent KRW 50 million to the non-party company between Defendant F and H (hereinafter “non-party company”) whose director is the Plaintiff. The non-party company, up to October 30, 2012, invested KRW 50 million in the above loan and KRW 100 million in the film “I” to the Plaintiff by October 30, 201. Around February 201, the Plaintiff made an investment in relation to the import and distribution of the film “I” to the non-party company.

After all, the actual import and distribution of the above film was in charge of Defendant B, which is actually operated by Defendant F.

It concluded a loan repayment and investment agreement to pay a total of KRW 150 million.

On August 24, 2012, the Plaintiff paid KRW 50 million to Nonparty Company.

B. However, until August 2013, Nonparty Company failed to pay KRW 100,000,000,000 among the above loans and investment earnings, and KRW 50,000,000,000,00.

Accordingly, on August 12, 2013, Defendant B Co., Ltd. (hereinafter “Defendant B”) transferred the right to publish the film “J” to secure the payment of KRW 100 million to the Plaintiff.

C. On March 28, 2012, Defendant B entered into a film distribution contract with Defendant C Co., Ltd. (former trade name: D Co., Ltd.; hereinafter “Defendant C”).

According to the above film distribution contract, Defendant C is required to pay as advance payment to Defendant B KRW 100 million within March 2012, KRW 200 million within May 2012, and KRW 300 million before the opening date (before December 31, 2012).

Defendant C paid advance payment of KRW 300 million to Defendant B by May 2012.

around November 2013, Defendant B requested the Plaintiff to additionally lend KRW 120 million when it is necessary to provide funds for the import and distribution of the film “K” to the Plaintiff.

The Plaintiff, at the latest until December 31, 2013, may receive 300 million won for the remainder of the advance payment related to the film distribution contract from Defendant C with Defendant B until December 31, 2013.

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