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(영문) 서울중앙지방법원 2020.05.13 2019가합511081
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the business of discovering, training, manufacturing dramas, etc. of new and authorized numbers and persons with postponements, and the Defendant is a company engaged in the business of broadcasting and cultural services.

On August 31, 2015, the Defendant merged with a limited liability company C (hereinafter “C”) and comprehensively succeeded to the rights and obligations of the existing C.

B. At the time of May 15, 2014, the Plaintiff was issued a letter of intent to compile, and a letter of intent to compile, July 23, 2014, with respect to the “F” produced by the Plaintiff (hereinafter “instant drama”).

C. On November 27, 2014, E prepared and delivered a letter stating that the Plaintiff shall jointly endeavor with the representative director of the Plaintiff so that the instant drama may be organized in GD channels, and that he/she shall confirm the composition in C if not organized (hereinafter “each of the instant notes”).

In addition, on November 28, 2014, the Plaintiff and D signed a written agreement (hereinafter “instant agreement”) that acknowledges that the instant formation confirmation has no legal effect and agrees to nullify even if the formation confirmation remains effective.

On April 27, 2015, the Plaintiff and C entered into a contract with the content that the Plaintiff supplies the instant drama to C (hereinafter “instant broadcast right supply contract”), and the part relating to the instant broadcast right supply contract is as follows.

Article 2 (Amount of “Right of Broadcasting” and Method of Settlement

1.The amount of “broadcasting” for “Contract Program” shall be paid in proportion to the viewing rate of “C” as follows:

(VAT Map. Contract Terms and Conditions of Contract Terms and Conditions of Contract for Contract for H/Seoul/25-44 years-year Plat Form (unit price: Won) At least 0.120% on average of the viewing rate of 20 minutes per month above 0.120% and above 40,000,000 per month average of the viewing rate of 0.0% on average of 30,000,000.

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