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(영문) 서울중앙지방법원 2017.12.13 2017가합532756
손해배상 등 청구의 소
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 203,246,570 won and the Defendant Partnership B and C with respect thereto on June 6, 2017.

Reasons

Basic Facts

The Plaintiff is a broadcasting business operator operating educational broadcasting channels, and Defendant C and D are joint representative members of Defendant Partnership B (hereinafter “Defendant Company”) established for the purpose of producing, distributing, screening, etc. animation.

On November 29, 2005, the Plaintiff and the Defendant Company entered into a contract on the production, etc. of an animation using the character “E” (hereinafter “the character of this case”) as follows. Even after that contract, the Plaintiff and the Defendant Company entered into a contract on the production, etc. of animation, etc. of “F” as of February 2, 2007, animation of “E Sin PP 2” on July 31, 2007, and animation of “G” on August 20, 2010.

(hereinafter referred to as "animation" and "the instant contract") have some differences in detail among each contract, but the main contents in this case are same.

The President H (hereinafter referred to as the "A") of the Contract A and the Representative Member B of the Partnership Company B (hereinafter referred to as the "B") enter into a contract on the completion and production of animation for broadcasting (hereinafter referred to as the "main works") as follows:

Article 1 [Purpose of the Contract] (1) A and B shall have the right to produce this work jointly in accordance with the provisions of this Agreement and shall distribute profits accruing therefrom.

Article 2 [Subject to Contract] ① Program name: E(E)(I) The roles of A and B for this material are as follows:

(1) A's roles are as follows:

1. Scenario and Scenarre tallying;

2. Investment in cash for production expenses;

3. The inspection of the completed parts of the master tape for broadcasting;

4. Domestic accelerator video (V HS, V CD, DV, etc.) sales agency. ② The roles of B are as follows:

1. Planning and production of works (excluding the production related to a meteorite);

2. Investment in kind in manufacturing expenses;

3. Attraction of investment in production costs;

4. Domestic accelerator video for Asian (including domestic) regional projects.

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