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(영문) 서울중앙지방법원 2019.09.25 2019가합508337
채무부존재확인
Text

1. The term “dial (A) C Investment Contract” dated September 30, 2016 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. On September 30, 2016, the Plaintiff entered into an investment contract (hereinafter “instant investment contract”) with the Defendant for the production of the Dlama “(A) C” (hereinafter “D”), and the main contents are as follows.

Article 1 (Purpose)

1. The purpose of this Agreement is to clarify the roles, responsibilities, and distribution of investments and earnings of each of the Parties in investing “A (Defendant; hereinafter the same shall apply)” in “B (Plaintiffs; hereinafter the same shall apply)” in “TV” produced by “B (Plaintiffs; hereinafter the same shall apply)” in “B (Defendants)”, and to ensure the successful implementation of the business of producing and selling the instant drama.

2.A “I” shall be an investor, “B”, as a producer of TV set forth in this Agreement, and shall perform the obligations and roles under this Agreement in accordance with the good faith principle.

Article 5 (Rights and Duties of “A”)

1. “A” shall invest “B” as “direct production cost” in gold 1,50,000,000 won (Won 1,50,000,000) on the premise that there is no falsity or change in Article 3 (Subject of Investment) and Article 4 (Statement and Guarantee), and the payment schedule and account shall be as follows:

(1) Payment schedule 1: Payment of the amount of the second investment fund in the amount of KRW 50,000,000 (Won 750,000,000) not later than October 31, 2016: Article 8 (Adjustment of Settlement of Accounts and Profits) (Distribution of Proceeds) by November 30, 2016.

1. “A” and “B” agree on the settlement and distribution of accounts in accordance with the established criteria, distinguishing between “this Investment Funds” and “Revenue”, and shall be settled and distributed through “production Committee”.

2. In the event of the occurrence of “sales”, the enforcement and distribution are ① the estimated amount of the shortage of direct production costs, ② the repayment of “this investment funds” to “A” and other investors, ③ the recovery of “B”’s “former enforcement portion,” ④ the distribution of “broadcasting company’s revenue,” ⑤ the distribution of “A”, “other investors” and “B.”

The specific method is this section.

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