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(영문) 서울중앙지방법원 2017.10.13 2016가단5292431
기타(금전)
Text

1. The Defendant’s KRW 33,00,000 as well as the Plaintiff’s annual rate of KRW 6% from December 31, 2016 to October 13, 2017, and the following.

Reasons

1. The basic facts

The plaintiff is a person who runs the business of constructing and operating condominiums and softs, and the defendant is a person who produces broadcast programs, produces movies, etc.

B. On April 10, 2016, the Plaintiff, as an advertiser, requested the production cooperation between the Plaintiff and the Korea Communications (hereinafter referred to as the “Korea Communications”) in relation to the Darma’s drama, referring to the Defendant’s broadcast and the KBS’s broadcast (hereinafter referred to as the “Dar”), and entered into a contract for the Rama’s production cooperation on behalf of the Plaintiff’s broadcast cooperation.

The main contents of the above contract are as follows:

Article 3 Radar Outline

9. Production promotion fund: Cash amounting to KRW 50 million (value-added tax), goods amounting to KRW 20 million in KRW 20,000,000 in the form of this contract, the production promotion fund refers to the production promotion fund under this contract, which is the brand of an advertiser, among the contents of a program, under the conditions that partially subsidize the entire production cost of the program, and refers to the effective exposure of “themeidine Doz.”, which is the brand of an advertiser;

Article 6 (Criteria for Settlement of Accounts)

1.The settlement of support for program production shall be based on:

(a) Contract deposit: balance remaining after the contract is concluded, 60% of the amount agreed (excluding value-added tax) 30 million won (excluding value-added tax): 40% of the amount agreed (excluding value-added tax) 20 million won (value-added tax) and in kind within three days from the date of broadcasting;

C. On April 15, 2016, the Plaintiff paid 33 million won (including value-added tax of 3 million won) out of the subsidies for the production as above to KIKO. Around that time, the Plaintiff offered a right to use a short frequency of 20 million won.

On June 13, 2016, the Plaintiff entered into a contract with the Defendant for the manufacture of the instant drama (hereinafter “instant contract”).

The main contents are as follows:

Article 2 (Term of Contract) The term of validity of this Agreement shall be determined from the time the contract is concluded to the date the program is closed.

Article 3 (Summary of Production Support)

7. A production subsidy of KRW 50 million (excluding value-added tax) per day in kind shall be KRW 20 million.

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