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(영문) 서울중앙지방법원 2017.07.19 2016가합545984
계약해제확인 및 대여금
Text

1. The scenarios and film license agreements concluded on March 15, 2013 between the Plaintiff and Defendant B corporation are concluded.

Reasons

1. Basic facts

A. 1) The Plaintiff is a scenario author. 2) Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a film producer, and Defendant C is a manager of the Defendant Company and an actual operator.

B. On March 15, 2013, the Plaintiff concluded a scenario agreement with the Defendant Company on March 15, 2013 with respect to scenario writing services (hereinafter “instant scenario agreement”).

A) The right to make a film under Article 5(4) of the scenario Agreement: The Defendant Company may decide not to make a scenario film, taking into account various circumstances. Article 6(1) of the Plaintiff is obligated to provide the Defendant Company with all services customarily provided by writers in Korean motion pictures. As remuneration for scenario writing, the Defendant Company is obligated to pay to the Defendant Company in the following manner after deducting the amount of tax to be withheld pursuant to the laws and regulations: 20,000,000,000 from the amount of tax to be withheld pursuant to Article 7(1)(2) of the scenario writing. Even if the period of work is extended due to a delay in work, the Defendant Company shall not pay additional remuneration to the Plaintiff even if the period of work is extended.

2) Balance: 15,000,000 s s s s s s s s s s s s s s s s s s s s 14 days after completion of the last

final order means a scenario final order acceptable by A;

(1) Article 8 (Cancellation of Contracts) (1) The Defendant Company and the Plaintiff may rescind a contract in cases where the scenarios of the motion picture cannot be completed due to the relevant laws and regulations, legal disputes with third parties, fire and other natural disasters, war, strike and other force majeure conditions. (3) The Plaintiff did not pay remuneration under this contract by the Defendant Company, or personal and material resources for scenarios writing.

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