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(영문) 서울중앙지방법원 2018.06.28 2018가합1013
제작대금 등 청구의 소
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 220,000,000 and the interest rate thereon from March 15, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 22, 2017, the Plaintiff and Defendant Es. Es. Es. Entertainment (hereinafter “Defendant Es. Es. Es. Entertainment”) entered into a contract for joint production of a program with the Plaintiff to jointly produce and broadcast the program “the interview (a broadcast) held between Defendant Es. Es. Es. and Es. Entertainment,” and Defendant Es. Es. Es. Entertainment entered into a contract for joint production of the program “the Plaintiff shall pay the Plaintiff the total production cost of KRW 600 million (a contract amount of KRW 200 million by November 27, 2017; the intermediate payment of KRW 200 million by November 27, 2017; the remainder on the first broadcasting day; and each value-added tax shall be paid on the 10th day respectively; and each value-added tax shall be paid separately).”

(hereinafter referred to as “instant program co-production agreement”). (b)

Defendant Es. Es. and Es. Entertainment did not pay the down payment to the Plaintiff after November 27, 2017, the down payment date for the down payment. After that, the Defendants, on January 4, 2018, include the down payment amount of KRW 220 million for the Plaintiff, Defendant Es. Es. Entertainment included the down payment amount of KRW 220 million.

B up to January 31, 2018, Defendant Qccoon Co., Ltd. prepared a payment certificate with the content that Defendant Sccoon’s joint and several surety performance with respect to the payment performance of the said payment.

(hereinafter “instant written confirmation of payment”). / [Grounds for recognition] without dispute, Gap Nos. 1 and 2 (including branch numbers, if any), the purport of the entire pleadings.

2. The assertion and judgment

A. According to the above facts, the Defendants are jointly and severally liable to pay the down payment of KRW 220 million to the Plaintiff in accordance with the joint production agreement of the instant program and the instant payment confirmation.

B. As to this, the defendants defense that they paid all production costs under the contract for joint production of the program of this case to the plaintiff. However, there is no evidence to acknowledge this, and the defendants' defense is without merit.

C. Therefore, the Defendants are therefore.

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