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(영문) 서울서부지방법원 2020.04.23 2019가합36189
원상회복청구의 소
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 650,000,000 and KRW 200,000 among them, Defendant B from March 8, 2019.

Reasons

1. Basic facts

A. 1) Conclusion of a broadcast program production investment contract 1) The Plaintiff is the E Holdings owned by the Plaintiff (hereinafter referred to as “instant trading”).

(2) On February 1, 2019, the Plaintiff was seeking to produce broadcast programs based on the background of the instant database from Defendant B Co., Ltd. (hereinafter “Defendant B”) (hereinafter “Defendant B”) on the basis of the broadcast program “F (A)” (hereinafter “instant program”) production, a written estimate and production cost statement, and a production planning proposal.

3) On February 28, 2019, the Plaintiff produced the instant program in the background of the main place of shooting designated by the Plaintiff, Defendant B, and Defendant B, all their best to broadcast the program. The Plaintiff invested KRW 1,250,000,000 among the production costs, and the down payment of KRW 125,00,000 among the down payment is KRW 125,000,000 among the down payment, the intermediate payment of KRW 50,000 is to be paid on March 7, 2019, and the remainder payment of KRW 625,00,000 is to be paid on April 5, 2019 (hereinafter “first investment contract”).

(4) The supplementary clause contained in the instant initial investment contract provides that Defendant B is obligated to pay the investment principal within one year from the date of entry into force of the contract to the Plaintiff, disclose the settlement data (such as payment details, account statements, etc.) of the said investment amount, submit it to the Plaintiff, and submit it quarterly (three months from the date of entry into force of the contract).

On the other hand, Defendant B had the right of 100% with respect to the profits and profits from the production of the instant program, and determined that Defendant B did not have the obligation to make a report on the settlement of profits or distribute profits to the Plaintiff.

B. On March 7, 2019, the Plaintiff and Defendant B entered into a modified investment contract with respect to the instant initial investment contract (hereinafter “instant modified investment contract”) and its main contents are as follows.

First, the time of the Plaintiff’s investment deposit is 200,000.

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