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(영문) 서울중앙지방법원 2017.10.12 2017가단2623
선급금 반환
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 22,96,896 and the interest rate of KRW 15% per annum from May 1, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff (former Seoul Music Co., Ltd.) is a company engaged in sound records, planning, production, distribution, and marketing, and the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company engaged in the sound records and distribution business, and the Defendant B was the representative director of the Defendant Co., Ltd.

B. On April 3, 2007, when the Plaintiff and the Defendant Company entered into a contract for the production and sale of music records and content (C1 house/C digital licensing) whose main contents are exclusively manufactured, distributed, and sold by the Plaintiff during the contract period (hereinafter “instant sales contract”), the Plaintiff shall pay advance KRW 300 million to the Defendant Company for the production cost, etc. of music records and digital sound sources, and the advance shall be deducted from the Defendant Company’s profits, etc. under the aforementioned contract (Article 5). The Defendant Company agreed to return the advance to the Plaintiff within two days from the date of payment of the investment funds by K Docs or S S Dock’s S Dock’s Limited Company (hereinafter “instant contract”). The Defendant Company sold the said advance to the Plaintiff jointly and severally guaranteed the Defendant Company’s obligation under the instant contract (Article 3(1)).

C. On May 4, 2007, the Plaintiff and the Defendant Company entered into an accompanying agreement (hereinafter “instant accompanying agreement”) and paid to the Defendant Company KRW 100 million for additional advance payment under the pretext of production, promotion, etc. of C1 books and digital sound sources, and such advance payment shall be deducted from royalties, return allowances, settlement money, profits of the Defendant Company based on radio and wire businesses, etc. to be paid to the Defendant Company (Article 2), and the Defendant Company shall take precedence over the Defendant Company’s profits (Article 2).

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