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(영문) 서울고등법원 2020.06.04 2019나2022959
부당이득금
Text

1. The plaintiff's appeal against the defendants and the claims extended or added by this court are all dismissed.

2...

Reasons

1. Basic facts

A. D’s production process of the instant drama Co., Ltd. (hereinafter “D”) had difficulty in procuring all production costs of “E” 30 parts of “E” (hereinafter “the instant drama”), which is scheduled to be broadcasted through television, and decided to manufacture the instant drama in the form of an external production with an external producer who bears approximately 87.8% of its production costs, and bears the remainder by the external producer.

B. The relationship 1) The Plaintiff is a company established on October 16, 2012 to engage in the amusement park and theme park planning and operation business, and the production and distribution business of video products. 2) The Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company established on June 25, 2014 for the purpose of broadcasting program production business, etc.

3) Defendant B limited liability company (hereinafter “Defendant B”).

(4) On October 19, 2016, Defendant B entered into an external production contract with the instant drama with the purpose of planning, development, production, and marketing of the instant drama, etc. (i.e., a company engaged in cultural industries established under Article 43 of the Framework Act on the Promotion of Cultural Industries). Defendant C entrusted Defendant B with the external production-related duties of the instant drama.

5) Since Defendant B’s establishment, F was the only director from March 30, 2017, and was appointed as the representative director of Defendant C on March 30, 2017, and is still in office as the representative director. (c) The Plaintiff and Defendant C, from October 2016 to October 1, 2016, bear the Plaintiff’s production cost of the instant drama, and the Defendants’ establishment before and after Defendant B’s establishment is unclear. However, Defendant C, at the time, established Defendant B and carried out the external production project of the instant drama.

In the absence of special distinction between the Defendants, the term “the Defendants” is simply referred to as “the Defendants.”

The plaintiff steis does not exceed HE for the shooting of the instant drums.

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