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(영문) 서울고등법원 2017.02.07 2016나2013510
손해배상(기)
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is a company with the objective of providing information services, etc., and the Defendant is a company with the objective of producing broadcast program business, etc., which is a drone production subsidiary of B (hereinafter “B”).

Terms and conditions of a contract for the writing and use of a broadcast theater (D) broadcast program (D) and time of a broadcast shall be up to 50-time agreement duration for a total of 70 minutes continuous broadcast hours to be broadcast in March 2014, up to the time the writing of the time agreed above is completed.

- Contract amount of KRW 400,000,000 in total amount of the Special high rate of KRW 300,000 for writing C and the Plaintiff’s fees (excluding value-added tax): - Contract amount of KRW 200,000: KRW 100,000 (immediately immediately after a contract is concluded) - Amount of KRW 100,000: Balance: Basic high rate of KRW 100,000 (immediately immediately after a first broadcast): The said special high rate of KRW 100,000,000 (immediately immediately after the completion of the broadcast) - The said special high rate of KRW 1,00,000, including basic high rate of money, and material amount of KRW 400,000,000,000,000,000 for the writing of a broadcasting theater (hereinafter referred to as “the writing of the broadcasting theater”). The Plaintiff and C shall commission the Plaintiff and C to write the broadcasting theater in accordance with the terms of this Agreement.

② The Plaintiff is a legal agent who has the right to write written marks C and is legally responsible for all rights and obligations relating to writing written marks.

In addition, C confirms that it delegates all rights and obligations with respect to the above writing to the Plaintiff, and is aware that it has a final liability with respect to all rights and obligations related to the above writing.

(3) If there is a change in the frequency, form, etc. of broadcasting programs, the defendant, the plaintiff, and the plaintiff (C's legal representative) shall be reasonably determined through an agreement between the defendant, the plaintiff, and C.

(2) The defendant and the plaintiff shall consult on the contents of the main body, the deadline for submission of the main body, etc., and the plaintiff shall observe the determined delivery date of the main body.

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