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(영문) 서울서부지방법원 2015.07.24 2015나30873
대여금 등
Text

1. The plaintiff's appeal and the claim extended in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. The Plaintiff is a company established on October 8, 201 for the purpose of creation and performance of music records, production and distribution of music records, etc., and the Defendant is a company established on December 20, 201 for the purpose of sound records business, production of music records, and service business.

B. In early 2012, the Defendant secured the right to manufacture OST “I” OST production (i.e., planning, music records, etc.) and produced music materials, and sold IOST “IOST” from March 30, 2012 to May 11, 2012.

C. On February 28, 2012, the Defendant entered into an OST production contract with the pande Scene Co., Ltd., Ltd. (hereinafter “panty chron”), whereby 50% of the net profit from manufacturing and selling OST chron, etc., and 50,000,000 won of the sales fee shall be paid to the pande chron, and produced the above “J” OST sound source with the Plaintiff’s joint work (for co-operation and production of sound recordings, etc.).

On May 21, 2012, the Plaintiff and the Defendant entered into an OST production and distribution agreement with the original Defendant to distribute the OST at the rate of 85,000,000 won (the production cost shall be limited to KRW 85,00,00,000, the total cost of which shall not exceed 20%), the net profit shall be distributed at the rate of 40%, and the original Defendant 60%, and thereafter they jointly produce the OST production and distribution agreement to distribute the OST at the rate of 20%.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 5, 7, Eul evidence Nos. 1, 3, and 5, the purport of the whole pleadings

2. Grounds for the claim;

A. On February 29, 2012, the Plaintiff requested the Defendant to grant a loan necessary for the payment of the sound source royalty from Dlama I, and lent KRW 30,000,000 to the Defendant.

B. The Plaintiff is entrusted by the Defendant with the production of a window, recording, etc. necessary for the production of the OST, and the Defendant lacks the production cost, and the Plaintiff’s cost is replaced by the Defendant.

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