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(영문) 서울중앙지방법원 2017.01.13 2016가합542954
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a company with the management authority of “C” (hereinafter “C”) as a bal group, and Defendant B is the representative director of the Defendant Company.

B. The purpose of each of the instant contracts is to provide the Plaintiff with the authority to cooperate in the management of entertainment activities in the medium- and domestic activities of the Defendant Company C, which has the right to engage in the activities in China. The purpose of the instant contract is to provide for the content that the Plaintiff pays to the Defendant Company a certain percentage of sales based on the performance of domestic entertainment activities in China of C.

Article 2 Definitions

1. Advance payment: payment that the Plaintiff would pay to the Defendant Company for all or part of the production cost required for the production of C, based on the instant advance payment agreement.

Article 5 (Rights and Duties)

1. The Plaintiff cooperates with C in all domestic entertainment activities during the contract period.

2. The Plaintiff shall collect the sales proceeds of C from the seller and shall be subtracted from the advance payment already paid except for the amount equivalent to 5% of the sales proceeds.

3. A settlement shall be made to the Defendant Company each month, except in an amount equivalent to 16 per cent of the sales after advance payment.

4. When the defendant company receives payments from the defendant company, the defendant company immediately transfers the money to the plaintiff after the age of the player, and the plaintiff shall pay the defendant company after the settlement in accordance with the above 2 and 3.

(b)

6. The Plaintiff is aware of the conclusion of the exclusive contract with D which the Defendant Company concluded with D, and is trying to maximize C’s revenues by further mutual cooperation.

Article 8 Payment of Personnel Taxes

1. The Plaintiff shall pay to the Defendant Company the advance payment of KRW 500 million in cash according to the following schedule in return for all domestic entertainment activities in China.

(a) Within one day after the conclusion of a contract: within 30 days after the conclusion of a contract; KRW 400 million;

2. Prepaid tax under paragraph (1) of this Article is out of the sales proceeds of the domestic entertainment activities conducted by C.

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