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Reasons
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(영문) 서울고등법원 2018.12.04 2015나2064221
채무부존재확인
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1. Revocation of the first instance judgment.

2. The Plaintiff’s contract for animation distribution to the Defendant on December 20, 208.

Reasons

1. Facts of recognition;

A. The production contract and the distribution contract made between the Plaintiff and the Defendant indicated the Plaintiff as “A” in English. The Defendant (i.e., the trade name before the change) is a corporation established under the laws of the Republic of Korea to conduct cartoon film production, etc., and (ii) is a corporation established under the French State Law, which is engaged in the production, publication, and distribution business, etc. of film programs and books as a corporation established under the French State Law.

B. On December 20, 2008, the Plaintiff entered into an agreement with the Defendant on December 20, 2008, under which the Plaintiff produced 3D animation 52 of the title “B” as animation “B” (hereinafter “theimation of this case”) and delivered it to the Defendant, and the Defendant would pay to the Plaintiff 950,000 out of the total production cost EU currency 1,200,000 (hereinafter “theimation”) (hereinafter “the production contract of this case”).

C. Meanwhile, at the time of the instant production contract, the Defendant agreed to substitute the Plaintiff’s production cost of KRW 1,200,000 among the total production cost of the instant animation among the Plaintiff’s total production cost of KRW 1,20,000, for the Plaintiff to pay KRW 250,000 to the Plaintiff respectively, and the production cost of KRW 250,00,00, which was borne by the Plaintiff to the Plaintiff, not for the Plaintiff’s cash disbursement but for the Plaintiff’s production cost of KRW 250,00,00 (this agreement

fact that there is no dispute between the parties

(Defendant's preparatory brief dated April 30, 2015) d.

On the same day, the Plaintiff entered into a contract with the Defendant regarding the distribution of animation (hereinafter “instant distribution contract”), and the main contents are as follows.

Article 1: 1.1. The term “budget” means all funds invested in work before, after, the production, and production of, the program set out in Article 2.1.

1.5. The term “Program (PCRM)” means each seven minutes of the set-up of a title “B”.

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