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(영문) 서울중앙지방법원 2014.11.11 2014가합33272
제작비등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 3, 2012, the Plaintiff entered into a joint production and investment contract with the Defendant (hereinafter “instant contract”) of the MBC Trees “C” (hereinafter “C”).

The main contents of the instant contract are as follows.

Article 3 (Adjustment of Terms) (2) Total expenses

1. The term “production cost” means the cost of planning, production and completion of the instant drama (including original and direct production cost, cost of presentation of production, etc.) and means the cost of production cost budget and settlement signed by the person responsible for the joint production of production cost.

However, in principle, it does not include indirect expenses, such as personnel expenses for regular human resources, office expenses, vehicle sirens, vehicle rental fees, and communication expenses, which are invested for the production of the instant drama after being employed as regular workers, but some planning expenses contributed by the “B (Plaintiff; hereinafter the same shall apply)” shall be included by the agreement between A (Defendant; hereinafter the same shall apply) and “B” in the budget for prior production expenses.

Article 4 public sale recognition ① Contracts on all sales related to the instant drama shall be jointly signed and sealed by the parties to the contract, “A,” and “B”, and the issuance and deposit of the sales tax account account account shall be made in the name and account of “A” in principle.

Provided, That “A” may independently conclude a contract on behalf of a company with the prior consent of “B”.

In addition, even in the case of a contract on external production with a broadcasting company, a contract is entered into with a broadcasting company and a joint producer, and the contract is modified after consultation about the sales contract entered into at the time of unavoidable circumstances, and where a “B” is recognized as the sale of “B” and receives the corresponding amount, the corresponding amount should be increased or decreased and paid by “A” as the amount to be invested.

Article 5 (Management and Settlement of Production Costs) ① “B” shall be “A”.

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