(영문) 서울서부지방법원 2016.05.19 2015가합37887

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Reasons

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자간(%)

(영문) 서울서부지방법원 2016.05.19 2015가합37887

기타(금전)

Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 393,307,237 and Defendant B from June 4, 201 to September 30, 2015.

Reasons

1. The facts under the recognition of facts may be found to be either in dispute between the parties or in each entry in Gap evidence 1 to 4 (including the branch numbers, if any; hereinafter the same shall apply) by reference to the whole purport of the pleadings.

1) The Plaintiff (a party to the contract was “Stock Company D,” but the Plaintiff merged the said Company on March 3, 201.

After the merger, "Plaintiff" is deemed to be "Plaintiff" in total.

) On July 25, 2007, E Co., Ltd. (hereinafter “E”) is limited to “E”).

A) A sound record distribution contract under which, upon receiving advance payment of KRW 70 million from the Plaintiff, E is obliged to receive advance payment of KRW 70 million from the Plaintiff and to receive advance payment from the Plaintiff with the Plaintiff’s exclusive sales and distribution proceeds less distribution fees out of the sales proceeds (hereinafter “instant sound record distribution contract”).

Defendant C entered into a contract and jointly and severally guaranteed the obligation under the contract. The main part of the contract is as follows, and “A” means the Plaintiff, and “B” means “B”. Article 3 (Contract Phonograms)

1. Contract phonograms and sound records subject to circulation are F five books, six books and sound records (F. 5 books, six books and sound records).

Article 4 (Rights and Duties of “A”

1. “A” has an exclusive and exclusive right to distribute sound records and sound records under the trade name of “A” during the term of the contract.

2. “A” shall pay to “B” the amount limited to distribution fees by collecting sales proceeds from the seller.

Article 7 (Payment of Personnel Taxes)

1. “A” shall require “B” to pay the total amount of prepaid tax (Won 700,000,000/VAT) in return for the exclusive music records and sound records and the distribution of sound records according to the following schedule:

(B)

3. Prepaid tax paid by “A” to “B” shall be preferentially paid to “B,” with the exception of 20% of the distribution commission of “A” out of the total amount of music records and the sales commission of “B”, and the royalties, other than 20% of the distribution commission of “A”, shall be paid to “B” after the completion of payment.

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