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(영문) 서울중앙지방법원 2019.05.14 2017나85957
약정금
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following amount ordering payment.

Reasons

1. Facts of recognition;

A. The Defendant is a corporation engaged in the entertainment business, such as the production of broadcast programs and film production business, and is a business entity that produces a “P (total 52 files) program (total 52 files) broadcast from August 31, 2015 to February 23, 2016 (hereinafter “instant program”); Plaintiff F is a music supervisor; Plaintiff M is a music supervisor; and Plaintiff M is a person who participated in the production of each of the instant programs.

B. The plaintiffs and the defendant concluded a contract on the participation in the production of the program of this case, and the main contents of the contract are as follows.

Plaintiff

F- Music advisory contract (contract date: August 29, 2014): Music advisory contract period: from May 1, 2014 to the time the production, supply, and broadcast of a program is completed: 20,000 won per time x 52 times = 10,40,000 won per time x 52 times = within a day after the contract is concluded, and 1560,000 won down payment shall be paid within one week after broadcasting, and the balance shall be settled monthly in the number of months following the following month by dividing it into five two times after broadcasting.

Provided, That the amount of withholding (3.3%) shall be paid after restricting the amount of 343,200 won from the last month's amount paid.

- Terms and conditions of a music supervision contract (contract date: August 29, 2014): The service price shall be 650,000 won per time x 3.3.8 million won per time x 52 billion won per contract and 507 million won per down payment, and the remainder 2,8730,000 won shall be divided into a series of music and then settled monthly on the 5th day of the following month by dividing it into the music and then on the 5th day (52 times).

Provided, That the amount of withholding (3.3%) shall be paid after restricting the amount of 1,115,400 won from the last month’s amount paid.

Plaintiff

M Contract Date: The service contract period from April 1, 2015 to the time the program production, delivery, and broadcasting is completed: 480,769 won per time x 52 times = 25 million won, down payment, 3750,000 won per contract.

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