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(영문) 서울중앙지방법원 2015.01.13 2012가단334790
제작지원금반환 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operates a medical institution under the name of “C Hospital” in Yeongdeungpo-gu Seoul Metropolitan Government, and the Defendant is a company that runs the advertising agency business, the drama marketing business, etc.

B. On January 9, 2012, the Defendant proposed a production support contract to provide the Plaintiff with production support to the “F” (hereinafter “instant drama”) of 20 parts of the 20 parts of the 30 parts of the 20 parts of the 20 parts of the 19th Plama, which was produced by Company E, with a view to broadcasting from D to May 2012, the Defendant proposed a production support contract with the content of the C Hospital’s height and caption and the 1st week of the C Hospital to promote brand and expertise by exposing the contents related to the 1st week of the D Hospital.

C. On January 16, 2012, the Plaintiff entered into a contract with the Defendant for production support (hereinafter “instant contract”) under which the Defendant would pay KRW 150 million with the subsidies for production of the instant drama (hereinafter “instant contract”). The main contents are as follows.

(‘A’ and “B” refer to the Plaintiff, and “A” refers to the Defendant). Article 4 (Conditions of Enoping)

1. “A” shall, after broadcasting the program, disclose A’s CI or BI to the form of a captioned caption after broadcasting the program: Provided, That in case of a disagreement between the business operator and brand name on the business registration certificate, B may open and proceed with the business registration certificate; and

2. B shall be exposed to hospital A in the program not less than five times.

3. The three-time disclosures under the above 2 should proceed by functional extension, and the functional extension shall proceed in consultation with Gap and Eul, and shall include the information that Gap's excellence and I week are superior.

Article 8 (Payment of Production Subsidies)

1. A shall pay B a total production subsidy of KRW 10 million per day (excluding value-added tax) in the following manner:

(1) A shall pay in cash the production subsidy of KRW 50% as down payment to the account designated by B within seven days after the contract is concluded.

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