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(영문) 서울중앙지방법원 2018.02.02 2017가합554022
계약금 등 반환청구
Text

1. The Defendant’s 2,912,50 US dollars and 6% per annum from April 28, 2014 to August 24, 2017 to the Plaintiff.

Reasons

Facts of recognition

당사자들의 지위 원고(중국 영업직조상 명칭은 盟 威影文化有限公司)는 영화 대행ㆍ배급 및 상영 등을 목적으로 중국 법률에 따라 설립된 법인이다.

The defendant is a stock company established in accordance with the laws of the Republic of Korea for the purpose of publicity and proxy.

The Human Entertainment Co., Ltd., Ltd., upon entering into the instant contract (hereinafter “Aptain”) produced “C” (hereinafter “C”) as the main text of A’s theater and B’s chain of supervision.

The original copyrighted D through E was broadcast from SBS at the night of 10:00 to 28.1% of the highest viewing rate, and around that time, the highest viewing rate was 28.1%. At the time, the number of inquiries (www.yuu.com) that is China's website for the sharing of video was recorded.

On April 25, 2014, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant for purchase of USD 5,825,00 (including gold) in China (excluding Hong Kong and Marcara) with respect to the original film produced from the Defendant for the film (hereinafter “the film of this case”), on which the Defendant entered into a contract with the content that he/she purchases (hereinafter “the instant contract”) all rights, such as the right to purchase and the right to copyright and the right to use directly or indirectly related thereto in China (excluding Hong Kong and Mcar) with respect to the original film of Epima from Epia on the same day, the Defendant entered into a contract for the purchase of content right and the payment of all expenses that he/she pays KRW 2.8 billion (excluding value-added tax) with respect to the production cost of the film of this case.

In other words, the instant contract is a contract under which the Defendant resells to the Plaintiff the printing rights, etc. in China with respect to the film of this case purchased from E-value.

The main contents thereof are as follows:

Article 3 (Subject Matter of Contract) (1) : C (2) Production company: Emotion picture producer. (3) Ownership company: Defendant 4.

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