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(영문) 인천지방법원 2014.12.30 2013가합19706
기획료 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

The following facts are not disputed between the parties, or may be acknowledged by comprehensively taking into account the respective descriptions of Gap evidence 1 through 6, evidence 10, 12, evidence 1, Eul evidence 1, 2, 7, 15, and 16 (including each number, if any), the witness C's testimony and the whole purport of pleadings:

On October 5, 201, the Plaintiff and Livers Co., Ltd. entered into a contract for the production of a program with Defendant B, the annual investment of which is KRW 25,00,000,00 (Additional No. 3) for the production cost of Defendant B, the group production cost of which is KRW 25,00,000, and supply KRW 120,00 “D” for the production of 40% of “D” and the supply of it to Livers Co., Ltd.

Before entering into the contract for the production of the above program, the Plaintiff and the above Defendant jointly produced the above part of the program with Defendant A on September 1, 2011, and the Plaintiff and the above Defendant agreed to jointly produce the above part of the program, but in return for providing the Plaintiff with opportunities to participate in the production of the above part of the program, the Plaintiff entered into an agreement for joint production of the program (hereinafter referred to as the “instant agreement”) with the above Defendant to pay KRW 460 million to the above Defendant as planning fees and advance progress expenses.

According to the instant contract, the Plaintiff paid KRW 460 million to Defendant A, a total of KRW 280 million on September 1, 2011, and KRW 180 million on November 4, 201 of the same year.

On the other hand, the Plaintiff’s broadcast was initially planned to broadcast 120 times, but it was shoted early on March 7, 2012 on the ground of low viewing rate.

After Drama’s early termination, the Plaintiff demanded the Defendants to return the amount corresponding to 5 U.S. dollars 55 out of the amount already paid to the Defendants. On January 18, 2013, the Incheon District Court requested the Defendants to order the payment of service charges. The Defendants filed an objection against the above payment order on February 12, 2013, and the Defendants filed an objection.

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