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(영문) 서울남부지방법원 2021.03.12 2020가단272152
용역비
Text

The defendant shall pay 88,05,200 won to the plaintiff and 6% per annum from January 24, 2020 to July 21, 2020 and the next day.

Reasons

The Plaintiff and the Defendant entered into a contract for the production of TV program “C” (hereinafter “instant program”) on April 2019, and there is a dispute as to whether the Plaintiff directly produced the instant program 10 minutes and directly produced the instant program.

The defendant delivered to the defendant and broadcasted it from June 2019 to August 2019, and the price is the total of 578,138,000 won, including value-added tax; hereinafter the price or production cost is the amount including value-added tax.

Among them, the fact that KRW 490,082,80 has been paid does not conflict between the parties, and barring special circumstances, the defendant is obligated to pay the remaining amount of KRW 88,05,200 to the plaintiff.

The defendant defense that the program production contract of this case was partially cancelled due to the plaintiff's actual operator D and vice president E of the defendant's act of deception or the defendant's mistake, and there are grounds for cancellation of part of the contract.

In other words, even though the Plaintiff’s subcontracting of the instant program to a third party, the Plaintiff would make a direct production of KRW 57,813,800, including 10% of the Plaintiff’s leap 10%, and upon deceiving the Defendant, the Defendant entered into a contract of production by deceiving the Defendant, and even if the above subcontracting amount exceeds 10% of the total production cost of KRW 440,561,00 (=40,051,000 x 1.1 x 10 x 10 x 57,577,000 of the total production cost under the contract of production (i.e., 578,138,000 - 440,561,000). The Defendant had already paid KRW 137,507,000 under the contract of production, and the Defendant had already paid KRW 137,507,000 under the Civil Act.

However, there is a reason to revoke part of a contract by deception or mistake, and only the other parts are the parties to the contract.

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