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(영문) 서울중앙지방법원 2017.11.17 2016가단5106981
약정금
Text

1. The defendant (Counterclaim) shall set forth the Nos. 1 through 5, 7, and 12 in the separate sheet by the plaintiff, and the above separate sheet by the plaintiffs.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant is a corporation that runs the entertainment business, such as the production of broadcast programs and film production business, and is a business entity that produces a “P (total 52ization) program (hereinafter “instant program”) broadcast from August 31, 2015 to February 23, 2016.” The Plaintiffs are those who participated in the production of the instant program by means of music, friendship, music supervision, writers, etc.

B. Prior to the Defendant’s production of the instant program, the Plaintiffs entered into neighboring rights use contracts, outsourcing services contracts, and writing contracts (hereinafter “each of the instant contracts”) with the content that the Defendant participated in the production of the instant program and set the settlement amount. The details of each of the contracts, including the Plaintiffs’ occupation and settlement amount, are as indicated in the corresponding column of claims by the Plaintiff (hereinafter “instant claims”).

C. The plaintiffs are not employed by the defendant company, but work on a temporary basis as a project unit for the production of the program of this case. Thus, the so-called "free franchise" shall withhold and pay 3.3% tax on the service price, and the amount repaid by the defendant among the plaintiffs shall be the same as the corresponding amount of repayment by each plaintiff, and the amount to be paid to the plaintiffs, excluding the above withholding tax, is the same as the corresponding amount of claim by each plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. According to the above facts of recognition as to the claim of the rest of the plaintiffs other than plaintiffs F and M (hereinafter referred to as "the plaintiffs"), the defendant is the unpaid amount out of the settlement amount agreed to the rest of the plaintiffs under each contract of this case.

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