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(영문) 서울중앙지방법원 2017.06.16 2016가단5199051
약정금
Text

1. The Defendant’s KRW 24,575,530 as well as the annual rate of KRW 6% from July 1, 2016 to September 8, 2016, and the next day.

Reasons

1. Basic facts

A. On February 13, 2012, the Plaintiff engaged in the sound records and music source distribution business, etc. entered into a contract for manufacture and distribution with the Defendant (for example, B), that the Plaintiff would make and sell the Master TAPE planned or completed by the Defendant himself/herself in the form of music records, and that the Plaintiff would pay a certain amount of royalties in accordance with the volume of sales of music records, etc. produced by the Plaintiff, and paid 25 million won down payment to the Defendant.

B. On March 12, 2015, the Plaintiff and the Defendant are subject to Already C (hereinafter “instant Already”) of the Defendant.

When concluding a new contract for the manufacture and distribution of the same content as Paragraph 1, the exclusive period is two years from May 14, 2015 (Article 3); the advance payment of the music record cost provided by the Plaintiff is KRW 26 million (Article 8); and the seal to be paid by the Plaintiff is set off against the advance payment to be returned by the Defendant; but if the advance payment paid by the Plaintiff is not set-off after two years from the date of the commencement of the music record, the Defendant agreed to pay the remainder to the Plaintiff (Article 9 subparag. 7 and 8).

(hereinafter referred to as “the above contract”) of this case. (c)

The Plaintiff: (a) replaced by the amount paid on February 14, 2012, the amount of KRW 25 million out of the advance payment amount of KRW 26 million under the instant contract; and (b) paid KRW 1 million to the Defendant’s sound records’s design cost; and (c) paid KRW 1 million on September 22, 2015.

On the other hand, the Defendant’s instant crime under the instant contract was released on May 1, 2015, and the sound source was sold on May 14, 2015.

Around March 2016, the Plaintiff had different opinions with the Defendant regarding the implementation, etc. of the contract entered into with the instant contract. At the same time, on March 2016, the Plaintiff returned to the Defendant an advance payment of KRW 1,000,000,000,000 to the Defendant, and at the same time delivered to the instant contract and the contract termination case, both parties agreed.

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