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(영문) 서울중앙지방법원 2017.12.08 2017가합503079
기타(금전)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

(c)management and settle proceeds from the sale;

2. The Plaintiff’s rights and duties (1) The Plaintiff, as the producer of the instant film, must concentrate on the production for the completion of the film, and comply with the production budget and opening schedule agreed in accordance with the production budget.

(2) The Plaintiff shall make an investment in the film of this case in the total production cost of which the total production cost is KRW 30 million.

(hereinafter referred to as “investment amount”). One billion won out of the Plaintiff’s investment amount is recognized as net production cost investment amount, and there is an investment share as set forth below.

The amount of one billion won of the investment shall be invested in the P&A expenses of this case, and may be paid the principal and profit distribution in accordance with the settlement order of Article XI of this Agreement according to the result of show without the investment shares.

The plaintiff shall have the following shares from the net profit generated from the film of this case:

The Plaintiff’s investment ratio of KRW 3 billion/3 billion (net production cost) = 100 per cent Plaintiff’s investment ratio of 100 per cent Plaintiff’s investment ratio * 60 per cent (3) the Plaintiff receives management fees equivalent to KRW 2 per cent of the total production cost ( KRW 84,000,000) in return for production management, public relations, such as management, operation, etc. of the total production cost of the film in this case and for services for advertising marketing.

The above money does not change even if the total production cost is changed.

Article VRights and Obligations - Production

3. Method of paying the production costs and management (1) The Plaintiff shall use the total production costs paid by the Defendant only for the production of the original film, and shall keep and manage them separately from other funds, such as the Plaintiff’s operational funds.

Article VIRights and Obligations - Marketing

1. The plaintiff shall carry out the marketing business of the motion picture in this case with his best effort to promote the motion picture of this case.

2. In principle, the marketing of the motion picture in this case under the preceding paragraph shall be conducted by the Plaintiff under the responsibility of the Plaintiff, but the main contents of the marketing progress (market planning, posters, and pre-announcements) shall be as follows.

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