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(영문) 수원지방법원성남지원 2016.04.27 2015가합3675
계약금반환
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 30,000,000 and the interest rate thereon from October 30, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that runs the entertainment business, such as broadcast program production, entertainment, entertainment, and entertainment, and entertainment-related business. The Defendant Company A (hereinafter “Defendant Company”) is a corporation that engages in film production and content distribution business, and Defendant B is the representative of the Defendant Company.

B. On January 29, 2015, the Plaintiff entered into a content monopoly distribution contract with the Defendant Company with the content that the Defendant Company would be granted the exclusive right to distribute the Defendant Company’s copyrighted works to Dda “C” (hereinafter “C”); and

C. On January 30, 2015, the Plaintiff paid to the Defendant Company a down payment of KRW 330,000,000 (including value-added tax) under the above exclusive distribution contract, and made efforts to sell the instant drama in a foreign country, such as Washington and Hong Kong from around that time. However, as the sales did not take place, the Plaintiff requested Defendant B to terminate the above exclusive distribution contract.

Accordingly, on July 29, 2015, an agreement was reached between the Plaintiff and the Defendants to terminate the above exclusive distribution contract (hereinafter “instant agreement”). The main contents are as follows.

1. On January 29, 2015, the Defendant Company and the Plaintiff entered into the instant exclusive distribution contract, and accordingly, confirmed that the Plaintiff paid to the Defendant Company the amount of KRW 300,000,000 (a separate penalty tax, 300,000) as down payment.

2. The Defendant Company and the Plaintiff agreed to terminate the instant monopoly distribution contract concluded on January 29, 2015, without any condition, depending on their respective circumstances. The Defendant Company shall issue a sales cancellation tax invoice to the Plaintiff on the date of the conclusion of the instant agreement, and the Defendant Company shall, within one month from the date of the issuance of the tax invoice, gold KRW 30 million (e.g. 30,000,000, value added tax) out of the KRW KRW 30,000,000 (e.g. 30,000,000, value added tax) received from the Plaintiff and KRW 270,00,000,000, and value added tax.

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