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(영문) 서울중앙지방법원 2020.11.25 2019나60747
수수료지급
Text

All appeals filed by the Defendant-Counterclaim Plaintiff against the instant principal lawsuit and counterclaim are dismissed.

The costs of appeal are assessed against the principal office.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in broadcasting, film equipment sales and rental, consular machine sales and agency business, and the Defendant is a distributing company engaged in film production, content distribution and distribution business, etc. as its duties.

(b) digital cinema means the screening of a film in a digital file beyond the method of screening a film in the past film;

To do this, digital projector, digital media server and accessory equipment need to be provided.

If the digital cinema is introduced, the distribution part has the effect of reducing the cost of production and transportation of film free trade. However, from the perspective of the theater that shows it, the cost for the introduction of digital cinema equipment arises.

The introduction of digital cinema has been recognized as an inevitable option for the screening of movies imported from a foreign country with a digital consular system, and social discussions have started since 2007 including interested parties such as theater operators and distributors.

C. In relation to this, L (hereinafter “L”) was established on January 2008 as a joint venture between H (hereinafter “H”) and J Co., Ltd. (hereinafter “K”) running film business in the Group. L (hereinafter “L”) provided digital cinema equipment at the theater of H and K, and the theater business operator paid L (VPF) to L (VPF) and L (VPF) reduced the cost of the digital cinema equipment. L (VPF) was introduced in a manner that distribution and theater business operators shared the cost of the digital cinema equipment.

In order to promote the above VPF business model, the Plaintiff is a business operator who was established by M Co., Ltd. (hereinafter referred to as “M”), a digital cinema equipment supplier, investing shares.

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