Zhang Yimou won the profit case of "three shots" and awarded 15 million compensation to Zhang Yimou in the first instance.

the first instance of the Chaoyang Court in Beijing ordered New Pictures to pay Zhang Yimou's film "Marvel with three shots" into 15 million yuan. After the verdict, Zhang Yimou made it clear that he would not appeal, while Zhang Weiping and New Picture Pictures appealed.

Zhang Yimou and Zhang Weiping, once good brothers, are now fighting against each other in court. On Sept. 15, Zhang Yimou sued New Pictures for 15 million "three-shot Marvel" proceeds, and the Beijing Chaoyang Court of first instance ordered New Pictures to pay Zhang Yimou's film "three-shot Marvel" into 15 million yuan. After the verdict, Zhang Yimou made it clear that he would not appeal, while Zhang Weiping and New Picture Pictures appealed.

it is reported that in June 2009, Zhang Yimou signed a "Memorandum of Agreement" with New Pictures Pictures and Anle Pictures to reach an agreement on co-production of the film "three shots." According to the agreement, Anle Pictures is responsible for the investment, New Pictures Pictures is responsible for the promotion and distribution of the film in China, and Zhang Yimou is the director of the film. the film will be distributed equally among the three parties after all the income from the distribution of Chinese mainland minus the publicity and distribution fees expensed. that is, the three parties should each get at least 15 million yuan. However, after getting all the box office revenue, New Pictures has so far failed to pay Zhang Yimou a share, in violation of the tripartite agreement. Therefore, Zhang Yimou sued the court, asking the court to order New Pictures to pay 15 million yuan and bear the legal costs. In response, New Pictures argued that it had paid Zhang Yimou's wife Chen a total of 12536400 yuan in 13 installments, without any arrears.

with regard to the three core issues of the case, the Chaoyang District Court of Beijing made relevant explanations.

1. New Picture Company did not pay Zhang Yimou the share of "three robbery shooting case surprise"

according to the investigation by the court, the expenditure vouchers and tax payment vouchers provided by New Picture Company could not prove that Zhang Yimou had actually received the director's remuneration for all the films. New Picture Company said that it had remitted 12536400 yuan to Zhang Yimou's wife Chen, which was divided into "three robbery shooting surprises". The court did not accept it on insufficient basis.

II. Zhang Yimou's claim for 1500% success New Picture is not subject to audit investigation

in this case, Zhang Yimou has submitted evidence to the court to prove that New Picture paid 125.364 billion yuan to Anle Pictures. However, the New Picture Company did not accept cooperation in the investigation in the court, refused to submit the audit report produced by the audit institution unilaterally entrusted, and did not inform the auditor's name. At the same time, after the court granted Zhang Yimou's audit application, the New Picture Company still did not submit audit-related materials to the court, resulting in the audit in the lawsuit could not be carried out, so the New Picture Company should bear the corresponding adverse consequences. Zhang Yimou asked New Picture Company to pay 15 million yuan for the lawsuit, which was supported by the court.

III. Zhang Yimou's lawsuit did not exceed the limitation of action

the court said that in this case, the MOU did not specify the time for payment, and the time limit for performance was not clear. According to the provisions of relevant laws, Zhang Yimou's prosecution did not exceed the statute of limitations, and the defense opinion of New Picture Company had no legal and factual basis and the court did not support it.

Edit: yvonne