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(영문) 서울중앙지방법원 2017.10.20 2016가합526990
위약금 청구
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 310,500,000 and the interest rate thereon from May 29, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity that mainly engages in the production of drones as its main business.

Defendant C, D, and E (hereinafter “Defendant C”) are those who operated a business entity with the trade name of “F” in which the main work of the drama is to write a drama, and Defendant C, D, and E (hereinafter “Defendant C”) are the drama writerss who were affiliated with “F.”

B. On June 3, 2015, the Plaintiff and the Defendants entered into a broadcast theater writing contract (hereinafter “instant contract”) with respect to the drama, “G (A)”. On June 8, 2015, the Plaintiff transferred the amount of KRW 280,500,000 (including value-added tax) to the bank account in Defendant B’s name pursuant to the said contract.

The main contents of the above contract are as follows:

The broadcasting theater writing contract (hereinafter referred to as the “producer”) and A and B (hereinafter referred to as the “Planning”) and C, E, and D (hereinafter referred to as the “author”) collectively named two persons who operate a private company F shall enter into a contract as follows:

Article 1(1)(Purpose) (1) The term “producer” shall commission a “author” to write a broadcast theater (hereinafter referred to as “divers”) to be used in a television theater (hereinafter referred to as “divers”) and shall accept the “author”.

Article 3 (Contents of Dives) (1) The term “dives” to be drawn under this Agreement shall be as follows:

- The name of drama: G (A) - Broadcasting company: MBC cultural broadcasting - The date and time of broadcasting: U.S. - The length and frequency of the circuit: Article 4 (Delivery of Dives, etc.) of the quantity of 50 minutes per 70 minutes water (3) The “dives” must submit to the “broadcasting company” a draft planning to submit to the “dives” in addition to the “dics”, and the work necessary for organizing the “dives” of the “dives” at the request of the “producer”.

Article 6 (Payment of Writing Fees) (1) The “producer” shall pay to the Planning Company the total amount of KRW 850,000,000 (value-added tax separate) for the writing fees under the provisions of Article 5, to the bank account listed at the end of this Agreement as follows:

- down payment (30 per cent): within five business days from the date of conclusion of this contract - the first intermediate payment (20 per cent);

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