(영문) 서울고등법원 2017.05.10 2015나2028270

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(영문) 서울고등법원 2017.05.10 2015나2028270

약정금

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1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On May 8, 2013, the Defendant concluded a joint investment production contract between the Plaintiff and the Defendant with the main content that the scenario work, “B,” the E copyright of which is “B,” was acquired from E, and the Plaintiff and the Defendant entered into a joint investment production contract (hereinafter “instant contract”) with the main content that the Plaintiff and the Defendant would jointly produce and make investments in the two copies based on the scenarios. The main content is as follows.

Article 1 (Purpose of Contract) The purpose of this Agreement is to clarify the rights and obligations between the plaintiff and the defendant on the joint investment and original, original and value-added contract for the contract of the contract referred to in Article 3.

Article 3 (Contract Motion Pictures) Contents of Rama which are the subject of this Agreement are as follows, and this content shall be reflected on credits of Radar:

2. Investment: The plaintiff, the defendant;

3. Production: Plaintiff.

4. Joint production: The defendant.

6. Supervision: Article 4 (Contents of Production of Joint Investment).

1. In manufacturing contract drama, the Plaintiff and the Defendant decided to invest KRW 200 million among the net production cost of KRW 300 million, the Plaintiff’s investment of KRW 100 million, and the Plaintiff’s overall control and production of contract capital.

The right to publish and broadcast a contract drama’s license is to have the Plaintiff, such as film and performance, publication, etc., which the Defendant would make the original work and original work of the contract drama.

2. The net production cost of this contractdar is KRW 300,000,000 per annum, and the net production cost may be adjusted under the agreement of the plaintiff and the defendant.

Article 5 (Rights and Obligations)

1. The Defendant has the right to set up a drama in the contract drama and has the right to set up a nationwide terrestrial broadcast board (a cable transmission, overseas sales, drout cable sales, IPTV, VOD, and Internet download).

The defendant guarantees the fact that the original copyright owner of the contract drama is the defendant.

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