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(영문) 서울고등법원 2020.04.24 2019나2034303
계약금반환
Text

1. Of the judgment of the court of first instance, the part against the Defendants shall be revoked, and the Plaintiff’s revocation part shall be the Defendants.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1, evidence 2-1 to 5, evidence 3-1, and evidence 3-2.

The Plaintiff (the first trade name is H, and thereafter changed to D, I, and J, and the last change to the trade name as of December 30, 2015) is a company established for the purpose of producing, purchasing, and selling broadcasting programs at home and abroad, and the Defendant C (hereinafter “Defendant Company”) is a company established for the purpose of drama and large-scale production, etc., and Defendant B is a drone author belonging to the Defendant Company.

D Co., Ltd. (hereinafter “A”) and the Defendant Co., Ltd. (hereinafter “B”) enter into a contract for the production of cinematographic works as follows:

- The objective of Article 1 is to clarify the rights and obligations between the contracting parties related to writing a script necessary for the production of the cinematographic work in connection with the production of the cinematographic work in which “A” is scheduled.

Article 3 Contract Object

1. The word “A” requesting “B” to write a work refers to a total of 50 minutes per time on a series of weekends or weekends with a total of 50 minutes per 60 minutes per time.

Provided, That where the composition per week exceeds 60 minutes, the special fee for the writing contract for the excess portion shall be separately paid in accordance with the above, and the timing and method of payment shall be calculated by calculating the total number of writing recorded in this Agreement and the number of dramas, etc. for which the composition of the per minute has become final and conclusive, and the time of payment shall be within 30 days after the date the drama ends.

2. “B” shall provide services by taking charge of writing sector teams.

In particular, C's author shall write directly and make best efforts in accordance with the general drone writing method by Defendant B.

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