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(영문) 서울중앙지방법원 2018.10.12 2017가단5206031
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 24, 2012, Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) lent KRW 50 million to Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) for the intra-company director, and the Plaintiff Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) loaned KRW 50 million to Nonparty Co., Ltd.; the Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) up to October 30, 2012, the Plaintiff Co., Ltd. invested KRW 100 million in relation to the income and distribution of the film “F” to the Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.).

After all, the actual import and distribution of the above film was in charge of Company G, which is substantially operated by D.

It concluded a loan repayment and investment agreement to pay a total of KRW 150 million.

Plaintiff

On August 24, 2012, the Company paid KRW 50 million to the non-party company.

Since then, the non-party company did not pay a total of KRW 50 million and KRW 50 million out of the investment earnings until August 2013.

Accordingly, on August 12, 2013, G Co., Ltd. (hereinafter “G”) transferred the right to publish the film “H” to secure the payment of KRW 100 million to the Plaintiff Company.

B. On March 28, 2012, G entered into a film “I” distribution contract with the Defendant. According to the contract, the Defendant is required to pay G as advance payment KRW 100 million within March 2012, 200, KRW 200 million within May 2012, and KRW 300 million by the opening date (before December 31, 2012).

By May 2012, the Defendant paid advance payment of KRW 300 million to G.

C. Around November 2013, G requested the Plaintiff Company to additionally lend KRW 120 million, while requiring funds to distribute the import of film “I” to the Plaintiff Company.

Plaintiff

Before December 31, 2013, G would be able to receive 300 million won for the remainder of advance payment related to the film “I” distribution contract from the Defendant until December 31, 2013, as between G and G on November 22, 2013, as well as 150 million won for loans, etc. to the non-party company of the Plaintiff company and the Plaintiff company G.

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