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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 11, 2014, Plaintiff, Defendant, C, and D (hereinafter “D”) entered into a contract for joint production and profit-sharing of film “E” (hereinafter “E”)
(hereinafter “instant contract”). (b)
According to Article 5 of the instant contract, the Plaintiff is obligated to procure investment funds for the production of motion pictures, and the Defendant, C, and D are obligated to cooperate to the maximum extent possible with the Plaintiff in order to attract investment funds for production costs.
C. The Plaintiff, in accordance with the instant contract, recruited a total of KRW 4.5 billion from F Co., Ltd., but the production cost was additionally required during the film production process, raising KRW 224,526,200 among them, by independently raising KRW 224,526,200 and reserving payment of KRW 36,000 out of the annual running fee to be paid to supervision G (= KRW 224,526,200).
As a result of external audits on the settlement statement of the instant film, KRW 4,686,761,947, total production cost, KRW 1,933,726,00, and KRW 2,753,035,943 was recorded and net loss was incurred.
E. G filed a lawsuit against the Plaintiff on the claim for the annual payment of KRW 36,00,00,000, for which payment had been postponed as described in the foregoing sub-paragraph (c). G filed a favorable judgment on April 6, 2017. Accordingly, the Defendant paid the Plaintiff KRW 36,00,000 for the annual payment, which had been postponed as described in the foregoing sub-paragraph (c).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4, and 7 evidence (if there is a provisional number, including it; hereinafter the same shall apply) and the purport of the whole pleadings
2. The gist of the Plaintiff’s assertion is as follows.
The plaintiff and the defendant agreed to operate the film production business of this case, and the contract of this case is only prepared to specify it.
Since the production project of this case has been terminated upon the completion of the film screening of this case, the plaintiff and the defendant are obligated to settle the case, and if the ratio of distribution of profits or losses has been determined, such ratio shall be common to profit and loss.