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(영문) 서울중앙지방법원 2015.06.12 2014가단111120
약정금
Text

1. The Defendant’s KRW 48,400,00 and the Plaintiff’s annual rate of KRW 6% from May 1, 2014 to June 12, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff’s music supervisor, who produces the music inserted in the drama, film, etc., performed the music supervisor of the drama “C” (hereinafter “the instant drama”). The instant drama was produced by Company D, which is an external producer, and the producer of SBS, was in charge of the production of the drama inserted in the name of “F.” The Defendant, who runs the business of producing the drama inserted in the name of “F,” bears the burden of expenses incurred in the production of the instant drama’s music in return for the acquisition of the right to sell the instant drama’s OST from Company D.

B. Accordingly, on February 24, 2014, the Plaintiff and the Defendant concluded a music supervision agreement as follows (hereinafter “instant contract”). The main contents are as follows.

The plaintiff and the defendant conclude the following contracts with regard to the production of background music and the performance of music supervision in the production of the Round of the drama in this case.

The purpose of this Agreement is to clarify the rights and obligations among the parties when the defendant, who is the producer of the Round, requests the plaintiff to produce background music and supervise music.

Article 3 (Possession of Mawons) All rights to Mawons produced by the plaintiff under this Agreement shall be reverted to the defendant permanently.

Article 5 (Roles and Duties of Plaintiff)

1. As a supervisor of the drama’s music, the Plaintiff is responsible for all kinds of work, such as the writing, arrangement, and editing of background music, and shall not interfere with the broadcast schedule of the drama.

3. For the benefit business of the OST, the Plaintiff will incorporate the SONG TTRACK into this case as follows:

1. As soon as possible be inserted in the original state of SONG TTRCK in this darma.

(2) The details of the preceding paragraph shall be subject to prior consultation between the plaintiff and the defendant.

3. The plaintiff and the defendant shall make to the maximum extent possible the SONG TCRK in this case.

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