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(영문) 서울고등법원 2015.12.02 2014나2040891
투자금
Text

1. Of the judgment of the first instance, KRW 347,092,928 against the Plaintiff and the Plaintiff’s objection thereto from April 18, 2013 to December 2, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established for the purpose of motion picture investment and online service business, etc., and the Defendant is a juristic person established for the purpose of producing motion pictures, producing performances, planning, etc.

B. On April 26, 2011, the Plaintiff entered into a film investment contract with the Defendant with the content that: (a) the Defendant’s net production cost of the film “A” (hereinafter “instant film”); (b) KRW 350,00,000,000, which is 50% of the total production cost of the Defendant’s film production (hereinafter “A”); and (c) holding the investment ratio corresponding to the said investment share; and (d) holding the right to share an amount equivalent to 60% of the Plaintiff’s share ratio (50%) out of the total profits generated from the said film (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

Article 2 (Subject Matter of Contracts) (1) The outline of the instant film, which is the subject matter of this Agreement, shall be as follows:

The name of a work: The defendant size: The supervision of a motion picture for the theater : B: C and D opening time: Net production cost during the year 201: 700,000,000 won (rights and duties) ① The plaintiff's rights and duties

1. The Plaintiff shall make an investment of KRW 350,00,000 out of the net production cost of the instant film to the Defendant, and shall transfer the film to the old account designated by the Defendant within seven days after the conclusion of this contract.

2. Pursuant to subparagraph 1 of this paragraph, the Plaintiff shall hold the investment share equivalent to KRW 350,00,000 on the basis of the net production cost for the instant film, and with respect to the total profits generated from the instant film, the instant contract stipulated in Article 7 as “Article 9” but is a clerical error in Article 7.

shall have the right to receive a distribution of the specified amount in accordance with the

3. The Plaintiff has the following shares from the “net profit” generated from the instant film.

Plaintiff’s investment ratio of 350,000,000 won/700,000,000,000 50.0% of Plaintiff’s investment ratio of 50.0% of Plaintiff’s investment ratio 】 60.0% 30.0%

4. However, the Defendant’s investment in the instant film amounting to KRW 350,000,000,000.

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