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(영문) 서울중앙지방법원 2018.04.13 2017가단91920
위약벌 청구의 소
Text

1. The Defendant: (a) KRW 150,000,000 for the Plaintiff and 6% per annum from June 1, 2017 to November 13, 2017; and (b) the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. (1) On February 9, 2015, the Plaintiff, which mainly engages in the public performance planning business, entered into a contract on the transfer of motion picture shares and profit distribution (hereinafter “instant contract”) with the Defendant who produces motion pictures.

(2) The instant contract provides that the Plaintiff shall pay KRW 150,00,000 to the Defendant and take over part (36.75% of the Defendant’s share = 7.35% of the net production cost) of the investment shares in the film “C” (hereinafter “the instant film”) owned by the Defendant (hereinafter “the instant film”), as follows:

(1) The Plaintiff and the assignee shall open the film of this case from China to October 2015 (hereinafter referred to as “transferor”) (8) The transferor shall open the film of this case from China to China within the limit of 2015. In the event of a change, the transferor shall be subject to mutual agreement with the transferee, and the time of the change shall not exceed 2015. (9) The transferor shall open the film of this case to achieve at least 10% of the Chinese screen share in the week of opening the film of this case. The criteria for measuring the share of the Chinese screen of this case shall be determined under mutual agreement between the transferor and the transferee. (3) The transferor shall open the film of this case in accordance with Article 15 (Compensation for Damages and Penalty) (3) The transferor shall pay the transferee in cash within 2 weeks from the date on which the transferee’s claim for KRW 30 million from the date on which the transferee’s claim for settlement of profits under Article 10-12(9) is made.

(4) However, the Plaintiff’s share of the Chinese Film Association opened the instant film was 5.7%, and the Plaintiff is the Defendant.

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