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(영문) 서울중앙지방법원 2014.07.23 2013가합530721
약정금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 180,379,714 to the Plaintiff (Counterclaim Defendant) and its related amount from February 6, 2014 to July 23, 2014.

Reasons

1. Basic facts

A. On December 28, 2012, the Plaintiff and the Defendant entered into a contract for the joint production of drama joint production with the following content:

(hereinafter referred to as the “instant contract”). The main contents of the instant contract are as follows.

(A) The purpose of this Agreement is to regulate matters necessary for the joint production of the works indicated below by the Plaintiff and the Defendant.

Article 2 (Indication of Works) (1) The indication of works jointly produced by the plaintiff and the defendant shall be as follows:

1. Title C (hereinafter referred to as the “instant drama”);

2. Time of compilation and number of copies: 70 minutes, 24 copies;

3. Broadcasting date: from D to E.

4. Dives: F

5. Smoke: G.

6. Major contributors: H, I, J,K; and

7. Joint producers: The plaintiff, the defendant.

8. Manufacturing investment: Article 3 (Adjustment of Terms) (1) of the T&M.

1. The term "domestic broadcasting service provider" means the amount that a company receives by selling the domestic broadcasting rights of the works or the amount that the company receives to a company (for the purpose of use in terms of the language referred to the Plaintiff and the Defendant) in return for the production of the works;

Domestic broadcasting rights include terrestrial broadcasting rights, cable broadcasting rights, satellite broadcasting rights (including IPTV re-transmission rights), Internet broadcasting rights, Internet mobile transmission rights, DMB broadcasting rights, video programming, and video sirens subject to overseas dissemination.

2. The term "PL" means all forms of sales generated in connection with the production, support, indirect advertisement, etc. of works carried out by the company;

Provided, That when concluding an amount calculation contract with a third party who is a party to the relevant contract in order to increase sales in this subparagraph, it shall be calculated on the basis of the amount determined after the completion of the relevant broadcast.

3. Sale of overseas sales slips;

4. Video, DV, online (VOP, PPV, etc.), mobile, OST, and broadcast, which are undertaken after or in parallel with the second goodwill sales.

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