(영문) 서울중앙지방법원 2020.01.15 2019나36317 (1)

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(영문) 서울중앙지방법원 2020.01.15 2019나36317 (1)

대금반환 등 청구의 소

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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the same as the reasoning of the judgment of the court of first instance, is the same as that of the judgment of the court of first instance, except when the judgment is used or added as follows.

2. On the third page of the judgment of the court of first instance, the part used or added “Plaintiff (Counterclaim Defendant, hereinafter “Plaintiff”)” is deemed to be “Plaintiff” and the fourth page of the same face “Defendant (Counterclaim Plaintiff, hereinafter “Defendant”)” to “Defendant”, respectively.

Part VII of the judgment of the court of first instance states "each entry in Eul Nos. 18, 72" as "each entry in Eul No. 18, 37, 72" below 6 to 7.

In the first instance court's judgment No. 9, 17 through 18, "the results of fact-finding with respect to L Co., Ltd. (hereinafter "L") of this court" are "the results of fact-finding with respect to L Co., Ltd. (hereinafter "L") of the first instance court".

Part 10 of the judgment of the court of first instance is as follows. Part 1 to 11 of the table is as follows.

According to the above facts, the Defendant’s profits earned from E after deducting the primary distribution and distribution commission (=49,904,944,69,317,464) does not exceed KRW 142,979,300 of the Plaintiff’s investment principal.

However, according to Article 8(1) of the E-Investment Contract as seen earlier, the Defendant shall, in the event of a film sale with respect to E, deduct the distribution advance, distribution fee, etc. from the sales revenue of the first theater, and pay the two-lanes to the Plaintiff. The Defendant shall finally distribute the profits in accordance with the investment ratio as prescribed in Article 4, only when the net profit accrues after the collection of the total expenses.

Therefore, as seen earlier, as long as E’s earnings after deducting the primary distribution and distribution fee fall short of the Plaintiff’s principal of investment, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 92,643,608, excluding the Defendant’s already paid KRW 26,578,80, out of the above earnings 119,22,408, and delay damages therefrom.

For this reason,

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유사 판례

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