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(영문) 서울중앙지방법원 2018.02.01 2017가합17011
영화개발비
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 500,000,000 and the period from May 1, 2012 to May 30, 2012.

Reasons

1. Indication of claim;

A. On March 20, 2011, the Plaintiff entered into a development investment contract with Defendant A Co., Ltd. (hereinafter “Defendant Company”) by setting the development investment amount of KRW 500 million and the term of contract as of March 31, 2012, and paid KRW 500 million to the Defendant Company, and Defendant B signed and sealed the development investment contract as joint and several sureties.

B. Article 4(3) of the above Development Investment Contract provides that "where the plaintiff is unable to determine the production investment among the contract works of the defendant company with the consent of the plaintiff within the contract period, the defendant company shall, according to the plaintiff's decision, pay the full amount of the development investment cost to the plaintiff in cash within 30 days from the date when the contract expires and the date when the contract expires." Paragraph (6) of the same Article provides that "where the defendant company fails to repay the development investment cost after the termination or cancellation of the contract, or the plaintiff is unable to make a preferential deduction, the defendant B shall pay the full amount of the development investment cost to the plaintiff within 10 days from the scheduled date of repayment to the plaintiff: Provided, That where the defendant company or the defendant B fails to repay it within 30 days from the due date of actual payment, the late payment shall be made at the rate of 10% per annum and 20% per annum

C. Although the term of the contract expires, the Plaintiff did not have made an investment decision in the Defendant Company, the Defendants are jointly and severally liable to pay to the Plaintiff the development investment amount of KRW 500 million and the damages for delay calculated at the rate of 10% per annum, which is the agreement rate from May 1, 2012 to May 30, 2012, and the rate of 20% per annum, which is the agreement rate from the next day to the date of full payment, pursuant to Article 4(3) and (6) of the Development Investment Contract.

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;

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