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(영문) 서울서부지방법원 2016.01.15 2014가합35709
손해배상(기)
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) paid KRW 110,000,000 to the Plaintiff (Counterclaim Defendant) and its substitute amounting to KRW 110,00,000. From August 2, 2014 to January 15, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company with the objective of providing information services, etc., and the Defendant is a company with the objective of producing broadcast program business, etc., which is a drone production subsidiary of B (hereinafter “B”).

B. From November 2013 to March 201, 2014, the Plaintiff, the Defendant, and C entered into a “contract to write and use a broadcast theater” related to a series of 70 minutes (tentatives: D; hereinafter “instant drama”) that are scheduled to broadcast 50 times in total (hereinafter “instant contract”). The key contents of the instant contract are as follows.

1) Plaintiff fee: total amount of KRW 400,000,000 (one time 8,000,000,000 for each time x 50,000,000 for down payment, KRW 100,000 for intermediate payment, KRW 100,000 for intermediate payment immediately after the conclusion of the broadcast, and KRW 100,000 for intermediate payment after one broadcast, immediately after the completion of the broadcast, shall be paid immediately after the completion of the broadcast (Article 1), ① the Defendant shall commission the Plaintiff and C to write the instant drama drama, and the Defendant and C shall accept to write the said drama as prescribed by the contract of this case.

② The Plaintiff is a legal representative securing C’s right to write the drama in this case, and is legally responsible for all rights and obligations relating to the said writing.

(3) If there is a change in the frequency, form, etc. of broadcasting programs, it shall be determined reasonably by agreement between the plaintiff, defendant and C.

3) Writing period and extreme personal map (Article 2(3)): Except in the case of force majeure, the Plaintiff shall not suspend writing, etc. without the prior consent of the Defendant or delay the delivery date of theater copies so as not to hinder the Defendant’s program. In the event of violation, the Defendant may claim for damages against the Plaintiff for the change of broadcasting hours (Article 3): The Defendant may change the date and time of broadcasting (period), broadcasting hours, frequency of broadcasting, etc. to be determined later, even after the determination, and change.

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