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(영문) 서울고등법원 2019.11.15 2019나2020649
약정금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On December 22, 2014, the Plaintiff (former Co., Ltd.) and the Defendant concluded a joint venture investment contract of Korea-China (hereinafter “instant investment contract”) with respect to the instant investment contract.

The main contents of the instant investment contract are as follows.

On December 22, 2014, this investment contract of the Korean-China Joint Venture Investment Contract was concluded between C(hereinafter referred to as the "C") in Gangnam-gu Seoul Metropolitan Government F building (second floor) and B(hereinafter referred to as the "producer") in Gangnam-gu Seoul Metropolitan Government and E(hereinafter referred to as the "joint guarantor") who reside in the I apartment J of Yeongdeungpo-gu Seoul Metropolitan Government(hereinafter referred to as the "joint guarantor").

Article 2 [HE Motion Pictures subject to Initial Investment] The principal motion picture subject to this Agreement includes the following 11 works, and the producer is all the motion pictures that the producer proceeds in planning and development within 2 years after this Agreement, and the “C” may select two of these motion pictures:

Article 3 [Payment, etc. of Early Investment Funds)

1.The term “C” shall have to invest a total sum of 300,000,000 for the initial production of the film of this case, and shall pay in cash to the following accounts designated by the “producer” within 14 days from the date of conclusion of the contract:

(hereinafter omitted)

2.The initial amounts and uses referred to in paragraph 1 above shall be as follows, and the amount shall be determined through a separate annexed agreement to be prepared by exercising options in accordance with Article IV:

- Early investment amount: 300 million won ( 300,000,000): The purpose of use: Supervision fees, each copy of a bill, the original design fees, coloring fees, the initial production costs of the manufacturer, and other matters necessary for initial production

3. The term “producer” shall return within 14 days from the date of termination, where this Agreement is terminated due to a cause attributable to the “C”, the amount which is not used by the “C” to the “producer”.

At this time, the "producer" shall provide relevant evidential documents concerning the details of the use of the investment funds already paid.

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