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(영문) 서울중앙지방법원 2014.11.28 2013가합49003
계약금
Text

1. The Defendant’s KRW 240 million to the Plaintiff, as well as 5% per annum from March 31, 2008 to November 28, 2014.

Reasons

1. Basic facts under Article 1 (Commissioning of Writing) (2) The defendant shall not, except in cases of force majeure, such as an accident, disease, etc., suspend the writing of the theater without the plaintiff's prior consent nor delay the deadline for submission of the theater so as to hinder the production of the plaintiff's program;

3. The Defendant is not allowed to write a dramatic copy of another broadcasting company or another cinematographic work production company without the Plaintiff’s consent until the completion of the first broadcasting of the theater.

After the completion of the first work, the extreme writing of another broadcasting company or other video production company shall be conducted through prior consultation.

In addition, the first works written by the defendant must make every effort to take photographs during the third quarter of 2008.

Article 2 (Payment of Plaintiff Fee) Amounting to KRW 600 million = KRW 1.5 million ¡¿ Within 30 days from the business day after the contract for the method of paying Plaintiff fees 】 40 billion: Within two weeks from the first work of KRW 240 million (10%) within two weeks from the first work of KRW 60 million (40%): Within two weeks from the first work of the second work of KRW 240 million (10%) within two weeks after the first work of KRW 240 million: KRW 60 million: ① The Plaintiff shall pay the Defendant the Plaintiff’s fee as follows:

Article 9 (Termination of Contract and Presumption of Amount of Damages and Penalty) (1) If a plaintiff or defendant violates this Contract without any justifiable ground, the contract may be terminated on the face of the other party.

(2) In cases falling under paragraph (1), the other party shall pay the Plaintiff’s fee and the amount of claim for damages as compensation for damages.

§ 10 (Effective Period of the Contract) (1) This contract shall be effective from the date of its conclusion to the date of its completion by the Defendant’s submission of the most complete text.

On February 22, 2008, the Plaintiff entered into a writing contract between the Defendant and the Defendant, writing 40 minutes of the drama broadcasting theater (70 minutes per time) and delivering it to the Plaintiff. The Plaintiff paid the Plaintiff a fee of KRW 600 million to the Defendant (hereinafter “instant writing contract”).

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