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(영문) 서울중앙지방법원 2020.09.23 2017가단5068314
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 20,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from June 1, 2015 to September 23, 2020.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On April 17, 2012, the Plaintiff, an artist, entered into a contract with the Defendant, a motion picture supervisor, to contribute “C” to D’s “D” translation (hereinafter “instant motion picture”). The key content of the instant contract is as follows.

Article 5 Section B (Plaintiffs, hereinafter the same shall apply)’s obligations shall be faithfully provided to Gap (Defendants, hereinafter the same shall apply) with all services which customaryly provide in Korean film films according to the schedule, budget and method of production, and shall be shown in the following specifications:

(1) B shall faithfully provide services related to production, such as analysis of works, consultation on works, various types of reports, and participation in workshops, through consultation with Party A.

Provided, That in principle, Gap and Eul shall proceed with sufficient agreement in advance, and the requirement other than the agreed contents during the photographing may be refused.

Article 6 (1) A shall pay Eul the amount of tax to be withheld under the laws and regulations after deducting the amount of tax to be withheld under the D’s “D’s contribution charges” from the amount of tax to be collected under the laws and regulations.

(1) Contract deposit: The remainder payment of KRW 2,00,000 within five days after the conclusion of this contract. (2) The remainder payment of KRW 2,000,000 shall revert to A, on a permanent basis, to all the services related to postponement (the creation of ideas, theme, lot, story, character, screen, item or any other services) provided by B in connection with the film of this case within five days after the lapse of fifty percent.

Party A, including at home and abroad, shall broadcast and distribute the theater screening and reciting the film of this case, public-frequency TV and fee-free cable TV, satellite broadcasting, video, CD, DV, and OST music, the production and distribution of wired and wireless Internet transmission, IPTV, satellite and terrestrial DMB, mobile transmission, book publication;

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