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(영문) 서울중앙지방법원 2015.05.21 2014가합54385
선급금반환
Text

The Defendants are jointly and severally liable to the Plaintiff for 622,517,416 won and 20% per annum from August 1, 2013 to the date of full payment.

Reasons

Basic Facts

Plaintiff

The Defendant Company (hereinafter the Defendant Company) may planning and produce sound records and content and exclusively manufacture, distribute and sell them as indicated in the following table with Defendant A Co., Ltd., and the Plaintiff Co., Ltd. shall pay advance payment to the Defendant Company in the name of promoting the production of sound records and content. In the future, the Plaintiff Company shall first pay advance payment to the Defendant Company in the name of promoting the production of sound records and content, and if the sound records and content are released in the future, it may terminate the contract on the ground that the Plaintiff Company’s failure to pay one party, bankruptcy, provisional attachment, provisional attachment, provisional disposition, compulsory execution, etc., and if the contract is terminated on the grounds of such reasons, the contract may terminate the contract on the ground that the property has deteriorated similar to the above. The Defendant Company shall pay the outstanding advance payment to the Plaintiff Company in cash within one month after the end of the inventory adjustment period, and each contract on the distribution of sound records and content to pay damages for delay calculated at a rate of 20% per annum from the day following the due date of default until the due date of payment (hereinafter the existing Defendant Company’s Co.).

In addition, the defendant C, as the husband of the defendant B, who actually operates the defendant corporation, has jointly and severally guaranteed the obligation owed by the defendant company to the plaintiff company due to the contract on July 1, 2010 among the existing contracts.

On April 10, 2009, at least 880,000,00 for total of 3 gramogles, E Digital Washington, F Digital Washington, and Fromans Nos. 800,000,000 for five gramogles on April 20, 2009, at least 80,000,000 for five gramogles, five gramogles, in total, more than 80,00,000,000 for five gramogles.

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