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(영문) 서울중앙지방법원 2019.12.13 2018가합573587
기타(금전)
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 2,618,027,50, and Defendant B with respect thereto from November 1, 2018, and Defendant C with respect thereto.

Reasons

Facts of recognition

A. The Plaintiff is a corporation that runs the entertainment business, such as the production of drama and film, and entertainment, and the Defendant Company B (hereinafter “Defendant B”) is a corporation that runs the business of producing broadcasting programs, and the business of planning and producing performances and performances, such as music and drama, and Defendant C is the representative director of Defendant B.

B. On March 30, 2018, the Plaintiff and Defendant B entered into a joint production agreement with the musical community “D” (hereinafter “instant musical community”).

(hereinafter “instant co-production agreement”). The main contents of the instant co-production agreement are as follows.

Article 2(a)(1) of the Museum Joint Production Contract: The production method of "D" (2): the period of performance from May 18, 2018 to July 29, 2018 (total 96) (4): the production of performance theater E: the plaintiff, the defendant B (Provided, That the above matters may be added and changed) shall participate in the production by investing the amount of KRW 2,380,025,00 (Additional No. 3) in the performance.

Article 5 (Rights and Duties of Defendant B) (1) Defendant B shall make every effort to plan and produce performances for the production of high-quality performances.

C. In preparing the joint production contract as above, the Plaintiff and Defendant B prepared a separate agreement with the following contents (hereinafter “instant agreement”) in order to guarantee the principal of the Plaintiff’s investment:

Defendant C jointly and severally guaranteed the obligation to guarantee the principal and profit of Defendant B according to the instant agreement.

The Plaintiff and Defendant B entered into a joint production contract (hereinafter referred to as “this contract”) in which they jointly produce musical “D” (hereinafter referred to as “public performance”) performances, and prepare the following agreements. If there is a conflict between this agreement and this contract (hereinafter referred to as “joint production contract”), the agreement shall be first applied.

1.The principal and principal of the production investment under Article 4 of the “this Agreement”.

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