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1. The Defendant’s KRW 593,808,567 as well as 6% per annum from February 1, 2018 to January 18, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company running film production, etc., and the Defendant is a company running film investment business, film distribution business, etc.
B. (1) On December 23, 2015, the Plaintiff entered into a contract with the Defendant on the film production and investment-related contract (hereinafter “instant film production investment contract”) with the content that the Defendant invests 12 billion won in the total production cost of the instant film as to the film produced by the Plaintiff (hereinafter “instant film”). The Plaintiff and the Defendant jointly own all intellectual property rights related to the instant film, and all rights (sale, preservation, management, etc.) that may create profits by using the said intellectual property rights are exercised solely by the Defendant (hereinafter “instant film production investment contract”).
(2) Meanwhile, on December 16, 2015, the Defendant entered into a contract with D Co., Ltd. (hereinafter “D”) on the premise that the instant film production investment contract would be entered into, on the other hand, including: (a) 60% of the total production cost of the instant film 12 billion won; and (b) 40% of the remainder; (c) the Defendant and D jointly own all intellectual property rights related to the instant film; and (d) D independently exercises the theater film right of the instant film; and (c) the Defendant independently exercises all the powers other than the said theater film (hereinafter “the instant film investment contract”); and (d) the key contents are as follows.
§ 3 (Investment Responsibility and Payment of Investment Funds) (1) The budget for the total production cost of the film as of the date of the conclusion of this Agreement shall be 12 billion won.
(2) D) The amount equivalent to 60 per cent of the total production cost, and the Defendant shall raise an amount equivalent to 40 per cent of the total production cost, respectively, and the Parties shall as investors, hold the investment shares in the instant film in proportion to the corresponding percentage.
§ 15 (Creation of Profits) (1) D is for the original film.