beta
Text
1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 100,735,466 and KRW 84,112,90 among them, with full payment from February 1, 2016.
Reasons
1. Basic facts
가. 원고는 2009. 8. 24. 피고 A 주식회사(이하 ‘피고 회사’라 한다)와 사이에 계약기간을 2010. 8. 31.까지로 정하여 피고 회사가 기획ㆍ제작하는 “C 스페셜앨범 및 남자 신인 미니앨범” 관련한 ‘음반 및 컨텐츠 유통계약(이하 ’이 사건 계약‘이라 한다)’을 체결하였다.
B. The Plaintiff paid to the Defendant Company advance payment of KRW 250,00,000,00 for the production and public relations expenses of “music and content”, and agreed that advance payment shall be appropriated for repayment by deducting the Plaintiff’s profits from the distribution of profits through the three and content businesses to be paid to the Defendant Company, but the Plaintiff shall pay damages for delay calculated at the rate of 20% per annum from the date following the due date until the due date of full payment.
C. After that, the Plaintiff entered into an agreement to amend the contract term of the instant contract on April 1, 2010, with the content that the term of the contract is changed, and the date of selling the C Digital Washington 1’s attached agreement on October 31, 2012 (hereinafter “each of the instant changed agreements”) to the effect that KRW 89,219,020, the price for the transfer of neighboring rights, set off the balance of KRW 106,563,807, which is the price for the transfer of neighboring rights, shall be repaid in full by October 31, 2012, the Plaintiff changed the scheduled date of selling the C Digital Washington 1’s attached agreement as of June 30, 2012, and the date of repayment of advance payment by January 31, 2013.
The sum of principal and interest of advance return claims held by the Plaintiff against the Defendant Company pursuant to the instant contract and the instant modified contract is KRW 100,735,466 as of January 31, 2016 (the principal amount is KRW 84,112,90 among them).
E. The Defendant B’s seal affixed to Defendant B’s column of joint and several sureties in the instant contract or the modified contract was affixed with the seal of Defendant B, and the Plaintiff was issued on September 1, 2009 by the Defendant Company to verify the intent of joint and several sureties with respect to Defendant B after each contract was concluded.