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(영문) 서울중앙지방법원 2017.07.21 2015가합536242
양수금
Text

1. The plaintiff's primary claim is dismissed.

2. The Defendants are jointly and severally liable to the Plaintiff’s Intervenor.

Reasons

1. Basic facts

A. 1) The Intervenor succeeding to the Plaintiff and the Defendant Company A (hereinafter “A”) are the Intervenor succeeding to the Plaintiff and the Defendant Company A (hereinafter “A”)

(C) On June 26, 2012, the term “C” (hereinafter referred to as “the instant drama”)

) Joint production contract (hereinafter “instant contract”)

2) According to the instant contract, the Defendant B, the representative director of the Defendant A, agreed to jointly carry out various projects, including the production, distribution, transformation, and development of additional businesses of the said drama. (2) According to the instant contract, the scheduled date for the broadcast of the instant drama was November 2012, and the theater was the author D, and the smoke was the Defendant B, the representative director of the Defendant A, respectively.

3) The Plaintiff’s succeeding intervenor paid the Defendant A total of KRW 1 billion, including KRW 50 million on June 26, 2012 and KRW 29.5 billion on June 29, 2012 under the instant contract (hereinafter “the amount paid by the Plaintiff’s succeeding Intervenor”) as the production cost, etc. (hereinafter “the production cost, etc. of this case”).

4) Defendant A paid total of KRW 300,200,000 to E, a company run by the author D.

B. On August 23, 2013, including the preparation of the instant confirmation document, Defendant A and the Intervenor succeeding to the Plaintiff are agreed as follows:

1. The two parties agree that the co-production process of the Drama’s “C” no longer exists.

(Provided, however, on the premise of the proviso of paragraph 3 below. 2. A shall pay to the participant succeeding to the plaintiff the plaintiff the remainder after subtracting the writing fee (D writing fee) from the total amount of KRW 1 billion (Provided, That the amount of payment shall be determined by a reasonable agreement of both parties within the ordinary category by excluding all the expenses related to the C projects in the defendant at the stage of the Furcion phase by a reasonable agreement of both parties, and the date of repayment shall be determined under mutual agreement by respecting the positions of both parties to the maximum extent.

3. 3. An agreement on the alliance of work for the Roas Joint Project, drawn up on June 26, 2012, should be null and void (Provided, That the foregoing agreement is premised on the formation of a broadcasting company by October 2014, and is based on mutual respect for the non-organization of a broadcasting company within a period of time.

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