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(영문) 서울고등법원 2019.10.31 2019나2017131
연출료 등 반환
Text

1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On February 22, 2016, the Plaintiff entered into a broadcast drama agreement with F and G (F as a representative director and a single shareholder) (hereinafter “instant agreement”).

The main contents thereof are as follows:

A contract shall be concluded with G and F (hereinafter referred to as the “Supervision”) with respect to the commission of the broadcast downloads produced by the Plaintiff (hereinafter referred to as the “producer”) as follows:

Article 2 (Period of Contract) The term of this Agreement shall be until the date of completion of the broadcasting of the services provided for in this Agreement, as at the time when the “producer” and “Supervision” sign and seal the contract.

Article 3 (Subject Matter of Contract): Production of video products once (Presumed) per HD format, 70 minutes per 70 minutes per meeting: Amount per plaintiff's meeting: Article 5 (Payment of Fees, etc.) of 25 million won

1. The term “producer” shall pay to the “Supervision” the annual fee following the commission of the annual withdrawal as follows:

20 times = 10% of the net profits of the entire company's OST production business 10% of the net profits of the company's 10% OST business, after the conclusion of this contract, the remainder of 50% 250 million won and 250 million won after the conclusion of this contract is confirmed to be paid in the form of this contract, the entire film copyright, such as the second use of the remainder of the tax payable in addition to the additional tax amount, belongs to the "producer", and the payment shall be substituted by the above incentive profit sharing in lieu of the above incentive profit sharing.

4. The term “producer” shall pay 300,000 won per month for the period following the conclusion of this contract at the cost of the proceeding under the supervision of the producer’s work.

Article 12 (Agreements on Termination of Contracts and Urgency of Compensation for Damages and Event of Contract)

4. In the event the manufacture of the drama is revoked or suspended due to the failure to compile, cancel, or force majeure not attributable to the producer, the producer, or the supervisor, and there is no obligation to compensate for damages, but the “supervision” performs its duties.

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