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(영문) 서울중앙지방법원 2015.03.17 2013나49625
공탁금출급청구권확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On October 8, 2009, the Plaintiff and A Co., Ltd. (hereinafter “A”) entered into a joint production agreement between the Plaintiff and A with respect to the KBS DDB (hereinafter “instant D”) (hereinafter “instant joint production agreement”), and its main contents are as follows.

Article 4 (Adjustment of Terms)

3. The term "total income" means the income from sales proceeds of PPL, the income from sponsors or support, the amount subsidized by the Government or various organizations, the income from broadcasting rights for air wave broadcasting, cable broadcasting, satellite broadcasting, Internet broadcasting, and any other broadcast programs, including broadcasting rights, the income from transmission rights, the income from the production and sale of DNA, etc., and any other income arising from rights related to the drama;

SECTION 5 (Scope of Joint Projects) The scope of joint projects under this Agreement shall be as follows:

1. Article 6 (Business Performance of Joint Business Operators) The manufacture, distribution, public relations, and sale of this drama;

1. The plaintiff and A shall jointly carry out the following tasks:

B) Article 8 (Bearing, Payment, etc. of Business Expenses) of all Distribution and Sales Affairs including Overseas Sales, such as Determination, etc. of Broadcasting License Fees

1. The plaintiff shall first invest one billion won out of the business expenses, and A shall take charge of the remainder of the business expenses.

In addition, financial costs, such as interest, etc. borne by each individual to raise the project cost to be invested, shall be borne by each individual and shall not be considered when settlement is made.

Article 9.(Restrictions on Transfer of Rights of Joint Entrepreneurs)

1. The Plaintiff and A jointly own all rights relating to this drama.

2. Unless otherwise agreed, the Plaintiff and A receive 50% of all net profits relating to this drama and Defendant A 50% of these net profits.

3. The plaintiff and A may not transfer their rights under this contract to a third party or provide them as security without the written consent of the other party.

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