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(영문) 서울남부지방법원 2018.11.09 2017나61254
원고료 반환
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff's primary claim is dismissed.

B. The plaintiff, the plaintiff.

Reasons

1. Basic facts

A. Around 2015, the Plaintiff entered into a contract with F, a Chinese broadcasting company (hereinafter “instant contract”) on the dispatch of production personnel to the Plaintiff, including writers, etc., to cooperate in the production for the production of F’s artistic program (a creation of B, a H’s artistic program). The key contents of the said contract are as follows.

1. Terms and conditions of contract;

1. For the F’s program, the Plaintiff shall dispatch two DNA, three writers, one photographing map, and six production personnel to cooperate in the production.

2. Period of production of a program: It is estimated to be a total of 90 days from January 10, 2016 to April 9, 2016, which may be changed according to the actual completion date of production.

3. Rights and duties;

1. F has subscribed to personal accident insurance for the plaintiff's dispatched human resources.

Compensation for accidents and injury that occurred within the contract period shall be dealt with as insurance, and the excess shall be borne by the plaintiff.

3. The Plaintiff’s dispatched personnel must make every effort to cooperate with the Franchising in order to improve the quality of the program.

If it is impracticable to reach an agreement on the content or method of production, it shall be based on the F's opinion.

If it is not possible, the F is entitled to demand replacement of personnel or refund of expenses.

6. The plaintiff must have a direct contractual relationship with the dispatched human resources and guarantee the legal rights of the dispatched human resources.

F There is no direct contractual relationship with the dispatched personnel.

B. On December 21, 2015, the Plaintiff explained the content of the instant dispatch contract to Defendant B, D, and E, the broadcasting author, and around that time, concluded a contract with the Defendants on the business of broadcasting writers, including a total of 12 times a total of the arts programs with the Defendants (hereinafter referred to as “instant program,” and the said contract “instant contract”). The contract term is three months (from January 10, 2016 to April 9, 2016).

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