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(영문) 서울고등법원 2016.08.25 2015나2028645
위약벌청구금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On January 20, 2014, the Plaintiff and the Defendants agreed with four parties, which contain an agreement on the method of performing advertising agency obligations owed by the Defendants against the Plaintiff (hereinafter “instant agreement”). The details of Articles 4, 5, and 6 of the agreement are as follows.

4. The Defendants, in order to jointly and severally guarantee the payment of the amount of KRW 3 billion in the amount of the existing advertising agency debt of Defendant A Co., Ltd. to the Plaintiff, the Defendants are to jointly issue to the Plaintiff as of January 20, 2014, a promissory note No. 3 billion in sight, which is the date of the conclusion of this Agreement, to jointly issue to the Plaintiff as of January 20, 2014.

(hereinafter omitted)

5. The date of the notarial deed of promissory note amounting to KRW 2.2 billion issued by the Defendants to the Plaintiff on January 20, 2014 shall be paid at sight, but the payment method thereof shall be KRW 440 million until the end of March 2014, KRW 930 million by the end of May of the same year, KRW 830 million by the end of September of the same year, and KRW 830 million by the end of September of the same year. The date of the notarial deed of promissory note amounting to KRW 3.0 billion issued by the Defendants to the Plaintiff on January 20, 2014 shall also be paid at sight, but the payment date shall be July 31, 2014.

However, if one deadline is not met, the defendants shall lose the benefit of each deadline in its entirety, and the plaintiff shall not immediately file an objection even if compulsory execution is conducted with the certificate of promissory notes.

(hereinafter omitted)

6. In the event that the Defendants lost the benefit of time by setting the due date for repayment under Paragraph 5, the Defendants’ claim for distribution (including additional right claim) in accordance with the share of profits of the film in question, which would have been acquired from the distributor in the future, shall be transferred to the Plaintiff and the notice of transfer with the fixed date shall be given.

However, if the Defendants do not cooperate in the assignment contract and notification under this subsection, the Defendants shall jointly and severally pay 20% of the face value of the promissory note No. 4 to the Plaintiff in the penalty for penalty, apart from the principal (amount of face value).

B. However, the defendants agree in this case.

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