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(영문) 서울서부지방법원 2016.08.30 2015가단33260
용역비등
Text

1. The Defendant: (a) KRW 28,600,000 for the Plaintiff and 5% per annum from October 28, 2015 to August 30, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that operates video production business, broadcast program production business, etc., and the Defendant is a corporation that runs a comprehensive leisure tourism business, food and accommodation business, etc.

B. On May 2014, upon the request of C Co., Ltd. (hereinafter referred to as “C”), the Plaintiff produced and supplied the promotional videos, such as D, E, and F, operated by the Defendant.

C. The publicity videos produced by the Plaintiff were broadcasted through C on May 8, 2014.

On May 22, 2014, the Plaintiff issued a tax invoice on KRW 28,600,000 (including surtax) for the production of promotional videos to the Defendant, but revoked at the Defendant’s request.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. On May 2014, the Plaintiff entered into a service contract for the production of promotional videos with the Defendant and produced promotional videos, and the Defendant is obliged to pay the Plaintiff the price of KRW 28,600,000 and delay damages therefor. Even if the fact of concluding the service contract between the Plaintiff and the Defendant is not recognized, the Defendant is obliged to return unjust enrichment amounting to KRW 28,60,000 and delay damages.

B. Around April 2014, the Defendant agreed to broadcast the promotional motion picture of Defendant C and Defendant Lyart in C, and it is true that the Plaintiff produced the promotional motion picture of Defendant Lyart for the said broadcast.

However, the Plaintiff and the Defendant did not enter into an oral contract for the production of a video product at all in advance, and C also did not bear the Defendant’s cost of production of a video product.

In the previous case, the media production cost was borne by the G when the promotional motion picture of the Defendant Liber was broadcast in G.

Therefore, the defendant shall be C.

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