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(영문) 서울고등법원 2017.04.14 2016나2042754
손해배상(기)
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim and the counterclaim by the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Facts of recognition

The plaintiff mainly engages in the movie scenario writing and tried to expand the activity area as a drama writers. The defendant is a party to the contract for the writing of the drama script with the plaintiff while working in the daily planning as shown below, and the defendant's husband is the representative director of the corporation E (the trade name before July 20, 201 is the corporation F and hereinafter "E") engaging in the drama production business, etc., and the defendant's husband is the representative director of the corporation E (the trade name before July 20, 201 is the corporation F and hereinafter "E"). After the closure of E's business, the plaintiff moved to the vice president of D (hereinafter "D").

On September 12, 2008, the Plaintiff entered into a service agreement for writing a copy of 16 minutes (70 minutes each time) between E and E, and received from E a total of KRW 174 million including the Plaintiff’s fee of KRW 150 million and the progress cost of KRW 24 million by March 15, 2013.

On July 12, 2013, the Plaintiff agreed with the Defendant and E to transfer the rights and obligations under the above contract to the Defendant, and entered into a new Diplomatic Work Service contract with the Defendant (hereinafter “instant service contract”), and the main contents thereof are as follows.

Article 1 (Purpose) of the main content of the instant service agreement provides that the Defendant shall request the author to provide works necessary for the production of the drama, and the Plaintiff shall provide the works for the Defendant.

Article 2 (Contents) ① The drama supplied by the Plaintiff is 80 times in total and 4 parts per 1 minute on the basis of “70 minutes per conference x 20 times”.

(2) The content, title, and direction of planning of works shall be determined by mutual consultation between the defendant and the plaintiff.

③ The Plaintiff shall actively cooperate in the Defendant’s request, such as PPL, extension, and production of extra-time services.

A person shall be appointed.

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