logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.02.14 2017가합542807
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On December 1, 2008, the Plaintiff (former: C) entered into a contract with the content that the Plaintiff (former: D; hereinafter referred to as the “instant program”) would grant investment shares and distribution rights to the instant program to E companies (E; hereinafter referred to as “E”) and would receive investment shares and distribution rights from E (the amount obtained by deducting liabilities and other additional costs from sales proceeds).

In order to raise the production cost of the instant program, the Plaintiff agreed to receive an investment of KRW 1,00,000,000 from the F Association (hereinafter “F Association”) on July 16, 2009, and to receive an additional investment of KRW 500,000,000 on December 29, 2010.

Article 2 (Definitions of Terms) (5) The project refers to a project carried out by utilizing this material, specifically, a video sales business, a licensing business, a commercialization business, and an advertising business.

Objects of profit distribution: The amount of money to be allocated according to the investment shares among the sales generated through this business.

Revenue distribution: Final amount allocated to each company on the basis of the investment shares of the defendant and the plaintiff, subject to profit distribution of this work.

Article 4 (Subject Matter of Contract) (1) Program name: D (2) Length and Number: Part 78 x 7 x 1 minute 30 seconds (including reverses and credits) and (5) Joint Producers: G (francs) and H (francs) 6

1. A distributor by co-production country - Korea: Plaintiff, I - France: G, H

2. Other regions distributors - Video sales business (TV & V : E (Y) - Licenseing business (other Mecanding business): The total cost of production of these works shall be determined by 11,838,760,062, the amount agreed between the Defendant and the Plaintiff (VAT separate).

Article 7 (Investment and Enforcement of Production Costs) The total of 11,838,760,062 Korean small-scale production costs of KRW 30.94% 3,663,234,144 shall be 13.65% of the production costs of the Defendant Korean side.

arrow