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(영문) 서울중앙지방법원 2019.04.26 2018가단5121427
약정금 등
Text

1. The Defendants: (a) from July 14, 2018, Defendant D with respect to each of the said KRW 41,66,667 and each of the said KRW to the Plaintiffs; and (b) Defendant E.

Reasons

Facts of recognition

The Defendants, upon entering into and cancelling the broadcast theater writing contract, operated a business entity whose main work is the drama writing in the name of “F”.

The Plaintiffs are rare writers who were affiliated with “F”.

G Co., Ltd. (hereinafter referred to as “G”) is a corporation whose main business is the production of dramama.

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

The main contents of the above contract are as follows:

Defendant D, E (hereinafter collectively referred to as “Planning”) and the Plaintiffs (hereinafter referred to as “author”) who jointly represent the management of individual company F, and Defendant D and E (hereinafter collectively referred to as “two persons”) 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:

- Drama name: H(A) - Broadcasting company: I - The date and time of broadcasting: U.S. - The length and frequency of the dramama per 70 minutes : Article 4 (Delivery of Dives, etc.)3 of the quantity of 50 minutes per 70 minutes (the “author” should submit to the “broadcasting company,” in addition to the “dics”, the works necessary for organizing this “dives” such as planning plans to be submitted to the “broadcasting company” and the “soponis”.

Article 6 (Payment of Writing Fees) (1) The “producer” shall pay to the Planning Company the total sum of the writing fees of KRW 850,000,000 (excluding value-added tax) in the bank account as stated at the end of this Agreement, as follows:

- down payment (30%): within five business days from the date of conclusion of this contract - The first intermediate payment (20%) : The origin of “broadcasting company”.

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