(영문) 서울중앙지방법원 2019.01.17 2018가단5134157

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(영문) 서울중앙지방법원 2019.01.17 2018가단5134157

기타(금전)

Text

1. As to KRW 74,351,781 and KRW 50,00,00 among the Plaintiff, the Defendant shall have 6% per annum from August 7, 2017 to May 21, 2018.

Reasons

1. Basic facts

A. On April 26, 2013, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant Company C (hereinafter “Nonindicted Company”) under which the Nonparty Company granted the Plaintiff the exclusive right to sell a film “D” (hereinafter “instant film”). On the same day, the Defendant jointly and severally guaranteed the non-party company’s obligation under the said contract.

Article 3 (Name of Works) of the terms of the relevant contract: CF and G (Scheduled Notice) Article 4 (Transfer of Right of Sales and Payment of Prepaid Sales Fees) on June 2013, 2013, which begins to take one of the film films.

2. The Plaintiff shall pay KRW 100,000 to the account of the non-party company or the joint guarantor on April 29, 2013 after entering into this contract as advance in return for the exclusive sales right to the non-party company.

Article 6 (Other)

1. The non-party company is obliged to provide the Plaintiff with the right to purchase the product specified in Article 3, because it is anticipated that the main investor of the product fails to supply the Plaintiff with the right to purchase the product under this contract, even if it is anticipated that the Plaintiff would not accept it for any reason. Nevertheless, if the content of this contract is not observed, the advance payment already paid shall be returned.

The time of return shall be within one week from the time such days have occurred.

3. In a case where the cream operator specified in Article 3 fails to properly observe and delays the payment, the non-party company shall return the advance payment already made to the Plaintiff until July 15, 2013.

B. On April 29, 2013, the Plaintiff transferred advance KRW 100 million to the Defendant’s corporate bank deposit account, a joint and several surety, pursuant to the instant contract.

C. The non-party company was unable to obtain a license from the producer to supply the instant film license, and it was not possible for the trokee to do so until June 2013.

Accordingly, the plaintiff.

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