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(영문) 서울남부지방법원 2015.07.17 2014가합8494
계약금반환
Text

1. The defendant shall pay 130,000,000 won to the plaintiff and 20% per annum from June 24, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The plaintiff is a company established for the purpose of the production of drama, etc., and the defendant is a broadcasting theater.

[Contract for Writing and Use of Broadcasting Doctrine Writing] Section 2 of the First Agreement (Writing Period and Doctrine)

A. The plaintiff and the defendant shall consult on the contents of the main body and the deadline for the submission of the main body, and the defendant shall observe the determined deadline for delivery of the main body.

B. The Defendant shall not suspend writing, etc. without the Plaintiff’s prior consent, except in cases of force majeure, such as an accident or disease, and shall not delay the delivery date so as to hinder the Plaintiff’s program production.

If this Agreement has been violated, the plaintiff may claim damages against the defendant.

Article 5 (Respect for Authors’ Moral Rights) The plaintiff shall respect the defendant’s moral rights.

However, it is allowed that the Plaintiff’s modification, modification, or increase or decrease in a part to the extent that it does not harm the nature of the main text if it is inevitable for the Plaintiff to express the broadcast.

Article 7 (Correction and Change of Dives) The plaintiff may request the correction and supplementation of the part deemed necessary for the Dives delivered by the defendant, and the defendant shall faithfully cooperate with the plaintiff's request, unless there is any special reason.

[Principles of Contract] Article 1 (Principles of Contract)

A. The defendant must write the program required by the plaintiff, and should ensure that it does not interfere with the production of the plaintiff's broadcasting program.

B. The defendant shall not refuse to write a work contrary to the terms of the contract, and shall not cause losses to the plaintiff or harm the plaintiff's honor, and shall give priority to the plaintiff's writing of the program.

Article 3 (Contract Fees / Writing Fees / Plaintiff Fees)

A. On the condition that the Defendant written the Plaintiff’s program, the Plaintiff paid a total of KRW 650,000,000 ( KRW 13,000,000 per conference x 50 copies) to the Defendant, and the time of payment would expire.

same as paragraph (1).

(b)The down payment shall be twenty days after the contract is concluded at twenty percent (130,000,000) of the total amount;

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