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(영문) 서울중앙지방법원 2015.10.15 2015가합533311
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 350,000,000 and KRW 300,000,000 among them, from July 1, 2013 to 50.

Reasons

1. Basic facts

A. The Plaintiff is a company planning and developing broadcast performances, such as drama, and Defendant B is a producer producing broadcast performances, such as drama, and Defendant A limited liability company (hereinafter “Defendant Company”) is a company established to produce Defendant B’s drama “C”.

B. On May 30, 2013, the Plaintiff and the Defendant Company entered into a planning and development investment and joint production contract with the content that the Defendant Company and the Plaintiff invested KRW 300 million in the cost of planning and development, such as the original purchase cost, the author’s contract amount, and the sales contract amount, and that the Defendant Company would produce and broadcast programming D” (hereinafter “instant contract”), and the Defendant B jointly and severally guaranteed all the obligations under the Defendant Company’s contract.

On June 3, 2013 and July 1, 2013, the Plaintiff paid to the Defendant Company a total of KRW 150 million and KRW 300 million.

C. The main part of the instant contract is as follows.

Article 1(Purpose of Contract) A (the Plaintiff refers to the Plaintiff; hereinafter the same shall apply) shall invest planning and development costs in the project planning, development and production of the contract works under Section 2 of this Agreement, and Eul (the Defendant Company refers to the Defendant Company; hereinafter the same shall apply) shall undertake the planning and development of the project and jointly produce the contract works with Gap.

Accordingly, Gap and Eul enter into this contract with the following contents in order to clarify their rights and obligations in relation to the co-production of this project:

Article 2 (Contract Works)

1. Project name: Drama “C”;

2. The final form of a project: TV prior to the implementation of the project.

3. Production company: Defendant company.

4. Current development conditions: Purchase of original works, scenarios, and chains for the development of scripts;

5. Original works: “C” (D);

6. Deferred withdrawal: The period of this contract under Article 3 (Contract Period) shall be within one year from the date of conclusion of this contract, but if Section B wishes to extend the contract period, Section B may extend the contract period after agreement with Section A by clarifying in writing his intention to extend the contract period by one month prior to the expiration of this contract.

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