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(영문) 서울중앙지방법원 2015.01.30 2013가합39679
추심금
Text

1. The Defendant’s KRW 159,389,235 as well as the Plaintiff’s annual rate from July 8, 201 to January 30, 2015, and the following.

Reasons

1. Basic facts

A. On November 6, 2009, the pop-up contact film Co., Ltd. (hereinafter “pop-up contact film”) entered into a contract with the Defendant for film investment and distribution agency (hereinafter “instant contract”) on the production cost distribution, sales profit distribution, and distribution of motion pictures with “A” (hereinafter “instant motion pictures”), and the main contents are as follows:

Article 2 (Objects of Contract) Total production cost: 11 billion won net production cost: 8 billion won marketing cost: Article 4 (Relation to Production Cost)

5. Marketing costs: The sum of the advertising expenses and distribution expenses for the motion pictures of this case;

7. Distribution costs: the costs arising for the theater, feling and distribution of the motion picture of this case, and for the sale of the ticket, including phenomena, films, printing costs, membership costs, distribution progress costs, dispatch cost, and pre-production cost, etc.

10. Overseas export expenses: the expenses incurred for overseas export of the motion pictures of this case, such as the marketing and participation in motion picture festivals, etc.

Provided, That the term "overseas shipping expenses" shall not include "overseas shipping expenses".

Article 9 (Obligation of Defendant)

1. The defendant shall invest 2 billion won in the total production cost of the motion picture of this case (hereinafter the omission)

7. The defendant shall conduct the marketing business of the motion picture of this case with his best effort to promote the motion picture of this case.

Article 14 (Rights and Duties concerning Overseas Exports)

2. The defendant has overall control over the establishment of an overseas export strategy, establishment of contracts, participation in major overseas markets, the display of major overseas film festivals and the management of goods, and the collection and settlement of overseas distribution profits under this Article.

(hereinafter omitted)

8. The “overseas export cost” ceiling executed by the Defendant is KRW 60,000,000,000, and when executing the amount exceeding the upper limit under this Article, the Defendant and the pop-up contact film shall be subject to separate agreement to determine whether to implement further.

section 16 (Payment and Settlement of Total Production Expenses)

4. Marketing/distribution of the instant film.

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