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(영문) 서울고등법원 2018.05.02 2017나2046746
양수금
Text

1. The plaintiff succeeding intervenor and the defendants' appeals are all dismissed.

2. The costs of appeal shall be borne by each party.

purport.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the following changes:

(A) The Plaintiff’s conjunctive claim is not different from the fact-finding and judgment of the first instance court as to the Plaintiff’s conjunctive claim, in light of the evidence that the Defendant submitted in the trial.

O. On the third page of the judgment of the first instance court, “Defendant B affixed the seal to the instant agreement as a joint and several surety” shall be changed to “Defendant B affixed the seal to the instant written confirmation as a joint and several surety.”

O. 3.b) reasons for the judgment of the first instance.

2) The paragraph (a) shall be amended as follows:

(A) On this issue, the Defendants asserted to the effect that “In the event that the broadcast program of the instant drama is not available until October 2014 according to the instant written confirmation, the Intervenor succeeding to the Plaintiff and the Defendant A proceed with the joint production of the instant drama in accordance with the instant contract, and as the instant contract remains in existence, the agreement on the return of the production cost under paragraph (2) of the instant written confirmation shall be null and void.” As seen earlier, the instant written confirmation paragraph (1) of the instant written confirmation agrees that two parties will no longer proceed with the joint production of the drama “C” (Provided, That on the premise of the proviso to paragraph (3) below, the instant written confirmation is premised.

)The provisions of paragraph 3 provide that "an agreement on the alliance of work for the Raman Joint Project, drawn up on June 26, 2012, shall be null and void (Provided, That in the event that the programming of broadcasting stations by October 2014 is premised on the programming of broadcasting stations by October 2014, both companies in the event of the failure to set up broadcasting stations during the period shall jointly seek the best co-operation for the production of the Rama C's original through a joint contract process under the original contract through consultation with the intent of mutual respect.

"The facts stated above are recognized."

However, the following circumstances, which may be recognized in accordance with the purport of the entire evidence and pleadings, are ①.

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