(영문) 서울중앙지방법원 2015.06.18 2014가합43149

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(영문) 서울중앙지방법원 2015.06.18 2014가합43149

투자금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

(a).(a).

The Defendant invested KRW 700 million from many investors, including the Plaintiff, and decided to produce the film (hereinafter “instant film”).

On September 27, 2013, the Plaintiff entered into a contract for production investment and profit distribution (hereinafter “instant investment contract”) with the Defendant to make an investment of KRW 200 million out of the said KRW 700 million, and paid the Defendant an investment amount of KRW 200 million (hereinafter “instant investment amount”) on October 1, 2013.

The main contents of the instant investment contract are as follows.

Article 2 (Subject Matter of Contracts) The outlines of main movies subject to this Agreement shall be as follows:

In February 2014, the name of the work, name B, the production company C/ Defendant of the extreme film production company in the form of a dramatic type, the Defendant’s supervisory Dju E, F, G Total production cost (Won 700,000,000) opened and scheduled February 2014 (Won 700,000,000): Provided, That the total production cost, opening schedule, etc. of the said film may be adjusted under the prior written agreement between the Plaintiff and the Defendant.

Article 5 (Rights and Duties of Plaintiffs)

1. The Plaintiff shall request the Defendant to manage the production and investment of the film in this case, and shall invest a total of the production costs required therefor (Won 700,000,000) in KRW 200 million (Won 200,000,000).

Article 6 (Rights and Duties of Defendant)

7. The Defendant must return the full amount of the Plaintiff’s investment when the opening of the instant film is delayed after May 2014 or when the opening of the film is not possible due to certain reasons, and as of the payment date, pay the interest of 20% per annum and the principal of the investment to the Plaintiff in cash within seven days from the date of occurrence to the Plaintiff.

Article 8 (Time Limit for Manufacturing and Opening) The Defendant shall undertake the production and opening by the time limit specified in Article 2 of this Agreement, but if it is intended to enhance the degree of completion and profitability of the original film, the schedule may be adjusted under the agreement between the Plaintiff and the Defendant.

Article 15 (Measures against Breach of Contracts)

1. The plaintiff shall terminate the contract where any of the following events occurs to the defendant:

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