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(영문) 서울고등법원 2015.10.21 2014나2051280
계약금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant is the plaintiff's successor's KRW 120 million and this.

Reasons

1. Basic facts

A. On February 22, 2008, the Plaintiff: (a) between the Defendant and the Defendant, the Defendant written 40 minutes of the drama broadcasting theater (70 minutes per time) and delivered to the Plaintiff; (b) the Plaintiff paid the Plaintiff a fee of KRW 600 million to the Defendant; and (c) except in cases of force majeure such as accident, disease, etc., the Defendant should not, without the Plaintiff’s prior consent, suspend the production of the theater or delay the deadline for submission of the theater so as to hinder the Plaintiff’s production of the program.

3. The Defendant is not allowed to write a dramatic copy of another broadcasting company or another cinematographic work production company without the Plaintiff’s consent until the completion of the first broadcasting of the theater.

After the completion of the first work, the extreme writing of another broadcasting company or other video production company shall be conducted through prior consultation.

In addition, the first works written by the defendant must make every effort to take photographs during the third quarter of 2008.

Article 2 (Payment of Plaintiff Fee) Amounting to KRW 600 million = KRW 1.5 million ¡¿ Within 30 days from the business day after the contract for the method of paying Plaintiff fees 】 40 billion: Within two weeks from the first work of KRW 240 million (10%) within two weeks from the first work of KRW 60 million (40%): Within two weeks from the first work of the second work of KRW 240 million (10%) within two weeks after the first work of KRW 240 million: KRW 60 million: ① The Plaintiff shall pay the Defendant the Plaintiff’s fee as follows:

Article 9 (Termination of Contract and Presumption of Amount of Damages and Penalty) (1) If a plaintiff or defendant violates this Contract without any justifiable ground, the contract may be terminated on the face of the other party.

(2) In cases falling under paragraph (1), the other party shall pay the Plaintiff’s fee and the amount of claim for damages as compensation for damages.

(3) The provisions of paragraph (2) above shall not affect damages.

§ 10 (Effective Period of the Contract) (1) This contract shall be effective from the date of its conclusion to the date of its completion by the defendant.

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