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(영문) 서울중앙지방법원 2016.09.21 2015가합583057
투자금 반환 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 22, 2014, the Plaintiff entered into a contract with the Defendant to jointly produce the D’A’s “A”. The main contents are as follows.

(hereinafter referred to as “the instant rare” and “the instant contract”). For the production of works under Article 4 (Apportionment of Work), the Plaintiff and the Defendant, as a co-producer, shall cooperate with each other in accordance with the good faith principle throughout the entire process of production, and shall share the following roles as follows:

1. The defendant's role

(a) Planning of works, securing of original works, and developing theaters;

(b) attracting investment with regard to the cost of planning and development and the total cost of production;

(c) Appointment of supervisors and writers and fishing activities;

라. 제작스텝의 구성, 외주업체의 선정 등 제작에 필요한 인력수급 업무

(e) Management of budget and production costs related to production costs;

(f) Formation, domestic and overseas distribution, public relations, and marketing of broadcasting stations;

(g) Conduct of the value-added business;

(h) Progressing MD projects;

2. The plaintiff's role

(a) Attraction of investment in production costs;

(b) Joint progress of extreme development works;

다. 제작스텝의 구성, 외주업체의 선정 등 제작에 필요한 인력수급 업무

(d) Management of all the budget and production costs related to production costs;

(e) Joint hosting of ships;

(f) Affairs of attracting sponsors and PPL;

(g) distribution and public relations, and joint marketing at home and abroad;

(h) Joint progress of the value-added business;

(i) Joint progress of MD projects;

3. Roles of SPC;

(a) Article 5 (whether or not SSPC is established or not), the management of costs and profits, and the settlement thereof;

1. To perform the role of the SPC as specified in Article 4(3), the Defendant’s use of the DNA Content Co., Ltd. (hereinafter “D”) and the SPC (hereinafter “SPC”) established by the Defendant, and instead of the establishment of a separate SPC between the Plaintiff and the Defendant, the Plaintiff acquires 22% of the shares of the already established SPC.

2. The management and settlement of production costs and earnings in line with the role of the establishment of the SPC in Article IV, paragraph 3 (a), through SPC.

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