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(영문) 서울중앙지방법원 2020.11.24 2020가단5251147
약정금
Text

The Defendants jointly and severally liable to the Plaintiff KRW 11,150,511 as well as Defendant B, Inc. from September 30, 2020.

Reasons

1. Basic facts

A. Defendant B (hereinafter “Defendant Company”) is a company that produces, distributes, sells, etc. local movies, and entered into a sales agreement with the Plaintiff. Defendant C was a representative director of the Defendant Company until April 26, 2018, and Defendant D was a director of the Defendant Company until February 11, 2016.

B. (1) On February 8, 2018, the Plaintiff entered into a sales license agreement with the Defendant Company with the following terms and conditions (hereinafter “sales license agreement”).

(A) The purpose of this Agreement is to pay advance payment to A through the quantity and water supply of the content owned or held by A through the value-added license, and to pay advance payment to A through P&A (advertising expenses, advertising expenses, at least 30 million won), “Disbursement and diversity certification (five or more and variety certification)” as the condition of securing, and to clarify the rights and obligations between A and B in the digital distribution, distribution, and settlement of Gap’s monopoly rights. Article 2 (Subject Matter of Contract) (Purpose of this Agreement) provides that “A shall pay advance payment to B through the quantity and water supply of the content held or held by A, and that “A” shall pay advance payment to P&A (advertising expenses, advertising expenses, at least 30 million won), and Article 2 (1) provides that “A shall pay advance payment to B by 00 days in proportion to the total sales, 30 days in advance payment, and 00 days in advance payment: 00 days in proportion to the following 100 days in advance payment.

A shall provide B with the documents specified in Paragraph 1 of Article 5 before advance payment of KRW 30,000,000. If advance payment is not recovered in full due to the sales made within three months after the commencement of the service by each contract, under Paragraph 1 of Article 2, for each contract, the Party A shall settle the accounts of the sales made on the third-month basis of the service of the relevant contract.

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