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(영문) 서울중앙지방법원 2015.11.13 2014가합61260
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 322,246,576 and the interest rate thereon from November 28, 2013 to the date of full payment.

Reasons

Facts of recognition

On March 28, 2012, the Plaintiff entered into a distribution agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) on motion pictures “D” (hereinafter “instant motion pictures”) (hereinafter “instant contract”), and Defendant C jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff with respect to the said distribution agreement.

The main contents of the instant contract are as follows.

Article 3 (Contract Motion Pictures and Distribution Areas)

(a) distributed film Gap (Defendant Company) means one of the following:

title D 35m extreme film E, 201,00 local theater from October 2012 to December 2012

(b)the distribution area includes the entire of the Republic of Korea on unconditional terms;

Article 4 (Contract Term and Validity of Contract) This Agreement shall become effective from the time of conclusion of the contract, and the contract term of this Agreement shall be one year after opening.

Article 5 (Rights and Duties of A)

(a) A must complete the preparation of the film including the completion of importation and deliberation in order to ensure that the film distribution by B (Plaintiff) does not interfere with the opening date in distributing the film.

(b) A shall submit to B documents evidencing the lawful ownership of the film.

(c) The theater string of the film will be subject to the opening time of Article 3(a).

Article 6 (Rights and Duties of Parties)

A. B’s advance payment of KRW 600,000,000 (hereinafter “Advance”) out of the cost of P&A for film P&A (hereinafter “P”), and Party A bears the remainder of the P&A cost for film.

(b) Eul shall pay 600,000,000 won in advance to Eul referred to in paragraph (c) of this Article for each of the following stages:

The amount of advance payment due shall be KRW 300,000,000,000 from March 2012 to KRW 200,000,000 per day before the opening of the day.

(c) From the second payment in advance, it shall be paid where A satisfies the following requirements:

(1) The second advance payment shall be C.G. (Common Bonder).

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