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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 81,882,308 and the interest rate thereon from November 17, 2015 to the date of full payment.
Reasons
1. Basic facts
A. On May 22, 2012, the Plaintiff entered into each of the following agreements with Defendant A Co., Ltd. (hereinafter “Defendant Company”); (a) On May 31, 2012, the music records and music source distribution sales agreement with respect to DOST; (b) on May 31, 2012, the music records and music source distribution sales agreement with respect to DOST; and (c) on June 18, 2012, the music records and music source distribution investment agreement with respect to DOST (hereinafter “each of the instant contracts”; and (d) the Defendant B jointly and severally guaranteed the Plaintiff’s obligation under each of the instant contracts by the Defendant Company.
B. Each of the instant contracts shall be paid to the Defendant Company KRW 5 million each in the name of advance payment or investment (including additional tax) (for each contract, each advance payment, and D E in the form of investment). Each advance payment and investment shall be preferentially repaid from each payment royalty that the Plaintiff is liable to pay to the Defendant Company, but where there is any remaining amount after the repayment of each advance payment, the Defendant Company shall return it to the Plaintiff in cash.
C. However, the “E” contract includes an agreement with the Plaintiff and the Defendant Company on the preferential repayment of the investment funds paid by the Plaintiff to the Defendant Company (COST, DOST) in connection with all Al crime contracts already concluded by the Plaintiff and the Defendant Company.
(A) No. 11, 5.2, d.
Pursuant to each of the instant contracts, the Plaintiff paid to the Defendant Company KRW 55 million as an advance payment on May 22, 2012, KRW 55 million as an advance payment, KRW 55 million as an advance payment on June 1, 2012, and KRW 55 million as an investment deposit on June 19, 2015.
E. The Defendant Company produced only OST in joint name with Lone Star Entertainment Co., Ltd. (hereinafter “Nonindicted Company”). The OST was registered respectively in the name of the Korea Music Association and the Korea Music Copyright Association, respectively.
(f).