(영문) 서울중앙지방법원 2018.08.24 2017가단5124832 (1)

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(영문) 서울중앙지방법원 2018.08.24 2017가단5124832 (1)

손해배상(기)

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1. The Defendant shall pay 150 million won to the Plaintiff the annual rate of 15% from July 6, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that produces, imports, and distributes motion pictures, and the Defendant is a company that imports and distributes motion pictures and animation.

B. On May 20, 2015, the Defendant: (a) between the Plaintiff’s motion picture production and distribution company in France; (b) obtained from the said company the right in the Republic of Korea against the motion picture “A” (hereinafter “the motion picture of this case”); (c) KRW 100,00 (40%) out of the said right in the license, shall be paid at latest until July 3, 2015; and (d) the remaining US$ 150,00 (60%) shall be paid at the time when the motion picture of this case was delivered, as a type of a summary contract specifying the terms and conditions of the contract in the film industry; and (d) as a form used to examine the final terms and conditions before concluding the contract at the time of selling the motion picture of this case or entering into the license agreement.

Around June 2015, the Defendant presented to the Plaintiff with Drawer, and proposed that the Plaintiff acquire the instant film license (excluding all theater tickets, such as domestic public television, cable, online, home, video, and digital movie theaters), and that the Plaintiff entered into a contract with the Defendant on June 30, 2015 on the acquisition of the instant film license (hereinafter “instant license agreement”).

Article 2 (Detailed Details of Contract Works) A B C on December 2015, 200 (Transfer of Rights) of the date scheduled for opening the main opening of the supervisor of Contract Works.

1. Eul (Defendant) shall transfer to Gap (Plaintiff) the right of value-added of contract works exclusively.

Upon request by A, B shall either prepare a certificate of transfer of the pertinent right, or prepare and provide it to A by a copyright holder designated by A.

2. A shall exercise the exclusive and sole right to the right to value-added of a contract work.

Article 5 (Advance Payment and Set-off)

1. “A” shall refer to “B” until July 3, 2015 in return for acquisition of the right to purchase.

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