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(영문) 서울중앙지방법원 2016.09.27 2015가단89459
선급금반환
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 98,013,513 and KRW 63,246,872 among them.

Reasons

1. Basic facts

A. On March 28, 2011, the Plaintiff entered into a content distribution contract (hereinafter “instant contract”) with Defendant A Co., Ltd. (hereinafter “Defendant A”) with respect to the content subject to investment under the following agreement (hereinafter “Tts”) with Defendant A, with the content that the Plaintiff produces, distributes, distributes, and sells exclusively within the contract area during the contract period, with the term of the contract from March 28, 201 to March 31, 2013. The Plaintiff jointly and severally guaranteed the obligation owed by Defendant A pursuant to the instant contract.

-약정 투자 대상 ‘컨텐츠’- NO ARTIST 타이틀명 ‘마스터’ 및 ‘컨텐츠’ 입고예정일 발매 예정일 타이틀1 D, E, F, G 등 듀엣 프로젝트 디지털 싱글(3곡 이상) 및 해당 어플리캐이션 2011. 5. 30. 이내 2011. 6. 15. 이내 타이틀2 H, I 등 영화 ‘J’OST 디지털 싱글(가창곡 2곡 이상) 및 해당 어플리캐이션 2011. 6. 20. 이내 2011. 6. 30. 이내

B. According to the instant contract, the Plaintiff paid to Defendant A a total of KRW 100 million as advance payment for the purpose of promoting the production of content, and agreed to cover KRW 60 million for up to 10 days after this contract was concluded, KRW 20 million for up to 10 days after entering into the instant contract, and KRW 20 million for up to 20 million for up to 10 days after entering another mold 1, and KRW 20 million for 10 days after entering another mold 2. Meanwhile, the amount was agreed to cover the Defendant Company’s obligation to repay to the Plaintiff, and first to cover the Defendant Company’s obligation to pay to the Plaintiff, and first to cover the advance payment.

(Article VII, Section 1, 2). (c)

After that, the Plaintiff and Defendant A agreed on September 1, 201 and February 1, 2013 with respect to the instant contract through their respective annexed agreements, and finally, on August 1, 2013, to change the content of the content stipulated in the instant contract as follows, and to extend the contract term until August 31, 2015.

The date of the entry into the NO Twit-name “Master” and “Matains”.

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