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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The plaintiff, such as the status of the parties concerned, is a company with the objective of broadcasting, planning and producing performances, and the defendant is the author who writes the drama broadcasting.
The term of each contract under this Agreement shall be three years from the date of the conclusion of this Agreement, such as a contract for writing and commission between the plaintiff and the defendant, a partial advance payment of commission, and other special agreements.
- Where the formation of “A” is determined, “B (Defendant)” shall terminate the existing “B”’s other writing activities within two months from the time when the formation is determined.
Article 1(Commission of Writing) of the Agreed Terms and Conditions "A" shall commission "B" (Defendant) to write a drama (hereinafter referred to as "dives") for the production of the program indicated, and "B" shall write the drama in accordance with the terms and conditions of this Agreement so as to be consistent with the planning intention of "A".
Article 5 (Payment of Commissions) (1) “A” shall be paid in accordance with the procedure set out in the guidelines for the operation of the program “A” in accordance with the guidelines for the production cost of the program “A”. (2) In the event of a change in the scheduled writing number, etc. of a marking program, the commission may be adjusted according to the changed rate (number). (3) In addition, the commission fees shall be adjusted according to the custom at the time of the change in the terms and conditions of the indication. In this case, the amount exceeding the commission fees due to the extension of the scheduled writing number, the commission fees shall be paid to “A” under the same conditions as this contract, and the commission fees paid in excess due to the reduction of the scheduled number of writing, the number of the time of the time of the meeting shall be returned to “A” or remaining after “B” shall be returned to “A” or remaining after “B” in accordance with the agreement between “A” and “B”.
Article 9 (Performance and Cancellation of Contracts) (1)