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(영문) 서울중앙지방법원 2021.01.14 2019가단5277396
기타(금전)
Text

1. The defendant shall pay 130,000,000 won to the plaintiff and 20% per annum from December 28, 2011 to the day of full payment.

Reasons

1. Basic facts

A. On December 26, 2011, the Plaintiff (investment and distribution company) and the Defendant (production company) concluded a film production and investment contract (hereinafter “instant investment contract”) with respect to the film work called “C (A)” (hereinafter “the film of this case”).

C BD

B. Of the instant investment contracts, the key contents related to the issues are as follows (i.e., “A” and “B” are appointed by the Plaintiff and the Defendant).

On December 28, 2011, immediately after the instant investment contract, the Plaintiff paid KRW 130 million to the Defendant at the first production cost, and the Defendant received this and disbursed it as supervision, dyd and dyd and dyd down payment, etc.

(d)

However, the production of the film of this case was in a state where there was no progress for several years, as long as the printing of the actors to contribute was not properly conducted.

E. However, the fact that the Defendant was unable to secure the scenario copyright for the production of the instant film (hereinafter “the instant film”). On October 16, 2019, the Plaintiff sent to the Defendant a written notice of the rescission of the instant contract based on Articles 19(1)4 and 20 of the instant investment contract, on the ground that it was deemed that the Defendant was unable to produce the instant film due to the copyright issue, and sent a certificate of the content that the Defendant requested the return of KRW 130 million for the production cost already paid.

October 17, 2019, the defendant reached the defendant.

F. At the time of the investment contract of this case, the Defendant was unable to hold the copyright of this case, and the Defendant, a representative director of the Defendant E, owned the copyright of this case by F Co., Ltd. F (hereinafter “F”). However, in order to secure the copyright of this case, the Defendant entered into the following contracts:

- Around August 12, 2010, the Defendant’s representative E and F drafted a written agreement on the transfer of the film of this case (Evidence No. 5). - The Defendant’s representative director paid KRW 104,335,521 to F within 15 days from the date on which the attraction of investment to the film of this case became final and conclusive, and F.

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