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(영문) 서울중앙지방법원 2015.10.15 2015가합7805
기타(금전)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 165,000,000, and Defendant case Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs a content service business (Internet), information service business, etc., Defendant Company Company’s case business is a company that produces and sells broadcast guides, and Defendant Poly Entertainment is a company that engages in the production, distribution, investment business, etc. of drones.

B. On December 4, 2012, the Plaintiff and the Defendants concluded a joint agreement with the following: “The Defendant made TV sets (a) to be broadcasted in MBC-TV prior to September 30, 2013; granted the Plaintiff the right to carry out online/i-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa-fa

On December 4, 2012, the Plaintiff paid KRW 165,000,000 to the Defendants (i.e., down payment KRW 150,000,000,000) under the said contract.

C. After that, even after September 30, 2013, the said drama was not produced or broadcasted. On February 25, 2014, the Plaintiff notified the Defendants of the cancellation of the said contract on the grounds of the Defendants’ failure to perform their duties to produce or broadcast the said drama, and the said notification reached the Defendants around that time.

[Based on the recognition] Between the Plaintiff and the Defendant Corporation: The Plaintiff deemed as a confession under Article 150 of the Civil Procedure Act and the Defendant Poly Lone Star Entertainment Co., Ltd.: The fact that there is no dispute, the entries in subparagraphs 8-1 and 2, and the purport of the whole pleadings

2. If so, the above contract was lawfully rescinded.

Therefore, barring any special circumstance, the Defendants are jointly and severally liable to pay the Plaintiff the above KRW 165,00,000 and the damages for delay.

3. The defense of the Defendant Poly Lone Star Entertainment Co., Ltd., Ltd., is unilaterally broadcasted by the MBC broadcasting station.

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