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(영문) 서울남부지방법원 2017.11.09 2017가합100377
출연료 청구의 소
Text

1. The Defendant’s KRW 5,00,000 as well as annual 6% from January 20, 2017 to November 9, 2017 to the Plaintiff.

Reasons

The Plaintiff is a company established for the purpose of an artist management business, etc., and the Defendant entered into an outsourcing contract with C(C; hereinafter referred to as “C”) and D(hereinafter referred to as “D”) with the company producing film, drama, etc., and took charge of the production.

The broadcast period of the instant drama and the instant drama was 50 minutes from March 28, 2016 to September 20, 2016. From January 2016 to September 20, 2016, the instant drama was 50 copies of the broadcast period and the instant drama. Pursuant to the contribution contract concluded between the Plaintiff, the Defendant and the relevant actors (hereinafter “instant contribution agreement”), the actors belonging to the Plaintiff, E (FF station in the south-do, G (H station), and I (J station) contributed to the instant drama by the date of the instant last page.

(hereinafter referred to as “E, etc.” when the above three actors are collectively referred to). A dispute arose regarding the amount of the Defendant’s contribution deposit and payment of the Defendant’s contribution fee after the closing of the instant drama and the Defendant’s contribution fee (hereinafter referred to as “E, etc.”) as follows.

On October 10, 2016, the Defendant asserted that the full amount of the contribution was KRW 1 billion, and deposited the payment. On November 7, 2016, the Plaintiff reserved an objection against the said deposit and paid it.

Then, on December 30 of the same year, the defendant paid KRW 100 million to the plaintiff as value-added tax on the above E-Contribution fees.

[Based on the recognition] The facts without dispute, Gap evidence Nos. 1, 2, and 6 through 9, the witness K's testimony, the plaintiff's assertion of the purport of the whole pleadings, and the defendant decided to reach an agreement on the contribution fee of Eul, etc. at the time of the conclusion of the instant contribution contract. Since there was an express or implied agreement between Eul and the defendant as to the contribution fee of 60 million won for E, G, 1.6 million won for G, and I, the defendant is obligated to pay to the plaintiff the money stated in the purport of the claim, excluding the money deposited and repaid as above.

2.

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