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(영문) 의정부지방법원고양지원 2014.05.29 2013가합3422
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B limited liability company, Defendant C, and Defendant F shall each amounting to KRW 5,000,000 and each of them on July 4, 2010.

Reasons

1. Basic facts

A. The Plaintiff is a author who writes a dramatic copy of TV broadcast program, and Defendant B limited liability company (hereinafter “Defendant Company”) is a special purpose corporation established by “I”, a company located in G, for the production of “H” (hereinafter “instant DD”) in accordance with the Framework Act on the Promotion of Cultural Industries, for the production of the GTV DD (hereinafter “instant DD”), and Defendant C is an employee of Company G, a general planner of the instant DD, and Defendant D and Defendant E entered into a assister’s contract with the Defendant Company with respect to the instant DD, and Defendant F is the annual investment of the instant DD.

B. On July 30, 2009, the Plaintiff entered into a contract with the Defendant Company to write the instant drama in the amount of KRW 192,00,000 for writing fee of KRW 192,00 (within 10 days after entering into a contract with KRW 60,000,000 for part payments, payment within 60,000 for part payments, payment within 72,000,000 for the remainder payment, and payment within 10 days after the end of the broadcast with KRW 72,00,00 for the Plaintiff’s original work) (hereinafter “instant writing contract”). At the time of the said contract, the Defendant Company agreed to consult in advance with the Plaintiff on the content of the Plaintiff’s business and the terms and conditions of profit distribution.

C. After receiving 60,000,000 won as down payment from the Defendant Company, the Plaintiff entered the instant drama. On June 13, 2010, the Plaintiff was notified by the Defendant Company that the instant writing contract will be terminated. On July 13, 2010, the Plaintiff filed a lawsuit claiming KRW 516,00,000, which deducts KRW 60,000,000, which was already received at KRW 576,000, which is three times as a penalty for breach of contract on July 13, 2010.

(Seoul Central District Court 2010Kahap71856). D.

The above court rendered a judgment in favor of the Plaintiff on the ground that the Defendant Company terminated the instant writing contract without justifiable grounds, and the appellate court also rendered a judgment in favor of the Plaintiff.

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