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(영문) 서울중앙지방법원 2017.08.18 2016가합536645
투자금반환
Text

1. The Defendant: (a) KRW 209,846,575 on Plaintiff ISO- Global Contents Investment Association; and (b) from February 16, 2016 to July 15, 2016.

Reasons

1. Basic facts

A. The Plaintiff Co., Ltd. (hereinafter “Plaintiff A”) is a company with the objective of producing and investing motion pictures. Plaintiff ISU- Global Content Investment Association (hereinafter “Plaintiff Association”) is a small and medium enterprise establishment investment association established under the Support for Small and Medium Enterprise Establishment Act. The Defendant is a company with the objective of producing, distributing and importing motion pictures.

(B) After September 1, 2015, the trade name was “D” and it was changed as at the present time through “C” of “Co., Ltd.” (hereinafter “Defendant”).

1) In conclusion of each planning and development investment contract between the Plaintiffs and the Defendant, E, the representative of the Defendant and the Plaintiff A, around April 2014 through May 2014, is a motion picture “F” (hereinafter “instant motion picture”).

On June 2, 2014, the Defendant discussed the production investment contract, and on June 2, 2014, the planning and development investment contract with the Plaintiff (hereinafter “instant 1 investment contract”).

The Plaintiff entered into a contract. Accordingly, on June 20, 2014, the Plaintiff paid KRW 100,000,000 for planning and development costs to the Defendant. Article 2 (Development Costs) (5) The Defendant must complete scenario work at the development cost paid by the Plaintiff A; Provided, That the scenario completion refers to the agreement between the Plaintiff and the Defendant as a photographor. (10) The Plaintiff and the Defendant did not reach an agreement on important matters related to the production of the film of this case completed film, such as scenarios, supervision selection, typesetting, production costs, etc., and if the scenario completed by the Defendant is not produced or unable to be produced as a film, the aforementioned development cost shall be dealt with in the manner provided below 1, 2 and 3.

① The Defendant shall immediately repay the full amount of the principal of the development cost invested by the Plaintiff A to the Plaintiff A.

In such cases, copyright and author's property rights on scenarios shall belong to the defendant.

③ Plaintiff A with respect to the film scenario of this case.

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