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(영문) 서울서부지방법원 2017.08.08 2016나38973
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordering payment is revoked, and that part is so revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that produces and distributes motion pictures. Defendant A is a person who operates a business under the trade name of “C” and engages in an entertainment business, and Defendant B entered into an exclusive agreement with Defendant A on or around August 14, 2015, and contributed to the film “D” (hereinafter “instant motion picture”).

B. On August 9, 2015, the Plaintiff entered into a contract with Defendant A to take charge of the distribution of “G” for the film of this case (hereinafter “G”) and paid KRW 2 million to Defendant A.

C. However, as Defendant A was unable to perform his/her duty under the contract entered into on August 9, 2015 because Defendant A would not contribute to the instant film, the Defendant A introduced Defendant B on behalf of the Plaintiff as an associate to take charge of the distribution of “G” of the instant film on behalf of the Plaintiff, and the Plaintiff entered into the instant contract with the Defendants on August 13, 2015, and the Plaintiff entered into the instant contract with the Defendants on August 13, 2015 (hereinafter “instant contract”) with the following terms:

After the conclusion of the contract, Defendant A paid an additional amount of KRW 4 million to Defendant A. The title and content of the film subject to this contract under Article 3 are as follows: D Supervision: Defendant B of Defendant B of Defendant B of Article 5 of H must provide the Plaintiff with in good faith all the services customarily provided in the following subparagraphs and Korean movies in connection with the production of the film: (a) Defendant B of Defendant B of this case shall provide the Plaintiff with the services related to the contribution requested by the Plaintiff from the date of commencement of the shooting until the date of the shooting, and shall make a decision in consultation with the Plaintiff in the event of contribution to other movies, etc. during this period:

Article 6 (Amount of Remuneration) The plaintiff shall be KRW 10 million in return for the service provided by the defendant B in relation to the conclusion of this contract.

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