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(영문) 서울서부지방법원 2018.06.28 2017가합40801
제작비 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person engaged in the production, service, broadcasting planning business, etc. of broadcast, and the Defendant is a juristic person engaged in the production, purchase, and sale of domestic and foreign cinematographic works.

B. On October 2014, the Plaintiff entered into a program production service contract between the Plaintiff and the Defendant (i) the program production service contract between the Defendant and the Defendant to produce and deliver “B (hereinafter “instant program”)” (hereinafter “instant service contract”)

(2) The program production service contract has been entered into, and its main contents are as follows:

1. KBSM (the Defendant refers to the terms of the instant contract; hereinafter the same shall apply) is produced and broadcasted by the Korean Broadcasting System and KBS 2TV (the Plaintiff refers to the Plaintiff; hereinafter the same shall apply in the terms of the instant contract) is responsible for the production and supply of films, photographs, ethyls, ethyls, sound-recordings, sound-recordings, broadcast posters production and supply, music screening sets, and the preparation of music screening sets, and KBSM shall pay the production costs to A.

2. The copyright on all the results produced under this Agreement belongs to the Korea Broadcasting System.

Article 3 (Projects)

1. With respect to the product placement (PPL) and support cases received by KBSM and A, both parties may hold prior consultation and implement it after obtaining approval from the Korean Broadcasting System;

2. In addition to the production cost of KBSM and A, distribution of indirect advertising (PL) costs and Sponsor (hereinafter referred to as “consor revenue”) separately obtained pursuant to paragraph 1 is as follows:

The execution of the contract with an advertiser (including an advertising agency; hereinafter the same shall apply) or a cooperative, and the receipt and distribution of the sponsors' revenue from the advertiser or the cooperative shall proceed by KSM, and 5% of the revenue from the cooperative shall be paid by KSM as an agency fee to KSM.

In the case of a business owner who acquired separate profit-sharing KSM A, 80% (75% agency fee 5%) in the case of KSM, 25% in the case of A by the business owner who obtained 20% in the case of KSM.

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