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(영문) 서울중앙지방법원 2014.11.28 2014가합509359
구상금
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 2,93,276,490 and KRW 2,855,017,970 among them.

Reasons

1. Basic facts

A. The film “C”-related investment contract, undertaking, export credit guarantee agreement, and loan 1) the Defendant Company A and Defendant Nex Entertainment Co., Ltd. (hereinafter “Co., Ltd.”) entered into an “motion picture production and investment contract” between Defendant A and Defendant Nex Entertainment, changed the trade name from July 27, 201 to “Co. E”, and changed the trade name as of January 12, 2012;

hereinafter referred to as “Defendant A”

(3) Defendant NONNEX and Defendant NONNEX (hereinafter “Defendant NON”)

on July 15, 2011, Defendant A’s film “C” (hereinafter “instant film”).

The term “motion picture production and investment contract” (No. 2; hereinafter referred to as “instant investment contract”) with the content that Defendant KON will take charge of the production of and take charge of the procurement, production management and profit settlement of production costs.

The contract was concluded. Of the terms of the contract, Article VII (Rights of “A”) of this case

3. The term “Defendant KON” is the production and management of the original film as the production and management of the original film (the instant film) and is in charge of the management, settlement, and distribution of the total costs and total sales.

In addition, an amount equivalent to 2% of the total production cost in return for the relevant work shall be paid as a management fee.

Article 8 (Rights of “B”)

1. “B” (Defendant A) shall take charge of the planning and production of the original film.

Article 9 (Duties of “A”)

1. “A” is responsible for raising the production cost of the instant film.

Article 12 (Investment, Payment and Adjustment of Total Production Expenses)

1. “B”, at the same time as this contract is concluded, shall open a passbook to manage the net production cost of the film of this case (hereinafter “production cost passbook”) in the name of “B”, and make the disbursement and management of the future production cost only through this account.

2. When running the production cost of the motion picture as seen in this case, “B” claims the expected production cost from “A”, and “A” claims the content of the claim.

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