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(영문) 의정부지방법원고양지원 2015.06.12 2014가합53882
부당이득금
Text

1. The Defendants shall jointly and severally serve as KRW 588,800,000 on the Plaintiff and as a result, from August 12, 2014 to June 12, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of film production, distribution, investment business, etc., and the Defendant Company A (hereinafter “Defendant Company”) is a corporation established for the purpose of producing and distributing film and cultural content, and Defendant B is the representative of the Defendant Company and Drama theater.

B. On June 21, 2013, the Plaintiff entered into a theater writing contract with the Defendants (hereinafter “instant contract”). The main contents are as follows.

Contract deposit for payment of KRW 1,600,000 (excluding value-added tax) based on 50 times in total on 32,000,000 won per the Plaintiff’s payment method for the production of a series of 70 minutes a total of 50 minutes of the non-regular broadcast of the program title: 30% from the date of this drama contract shall be paid within 10 days from the date of this drama contract.

Part payments: 40% shall be paid within 10 days from the date of the first broadcast of this drama.

Any balance: 30% shall be paid within 10 days from the date of this 30-time broadcast.

The terms and conditions of the special agreement include both the source tax, special high income tax, basic high income tax, and data research expenses.

The Plaintiff, Defendant Company, and Defendant B shall agree and conclude this Agreement with respect to the commission of a set of film productions for broadcasting as follows:

Article 1 (Writing of Programming) (1) The Plaintiff shall commission Defendant B, through the Defendant Company, to write a broadcast theater (hereinafter referred to as “diculing”) to use it for the production of images for broadcasting, and the Defendant B shall write the theater and deliver it to the Plaintiff in accordance with the provisions of this Agreement.

(2) Where programs are changed in the frequency, type, etc., they shall be determined through agreement between the plaintiff and the defendant B.

Article 2 (Writing Period and Delivery of Dives) (1) The contract period shall be the time when the number of copies of the contract is written to the time the broadcasting is completed, but it shall not exceed five years from the date of conclusion of the contract.

② The Plaintiff and Defendant B are the contents of the main text.

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