손해배상(지)
1. The Plaintiff, and each of the Defendants’ KRW 200,000 as well as Defendant B with respect thereto from July 1, 2014, and Defendant C with respect to August 20, 2014.
1. Determination as to the claim against the defendant B
A. The plaintiff as a copyright holder of the novel that is a foundation of facts 1 as D
E. As to the above novels (hereinafter “instant novels”), the date of creation and publication shall be from September 2009 to January 201.
2) On July 13, 2009, the Plaintiff entered into a license agreement for the use of copyright (hereinafter “instant contract”) with the F Company to grant the publication right to the instant novel (hereinafter “instant contract”).
The contract was concluded and its main contents are as follows. In publishing the novel of this case, the plaintiff Gap and the representative director G of the FF company of the holder of the publication right shall agree with the following terms and conditions and comply with this contract in good faith. Article 1 (Establishment of Right of Publication)
1. A shall establish for B the publication right of the novel of this case, and for B the exclusive right to reproduce and distribute the said work.
2. The term "right of publication" means the right to all the works in the form of book;
3.A shall not, during the term of this contract, publish or have a third party publish any work identical or similar to the whole or any part of the title and content of the said work.
Article 3 (Duration of Right of Publication)
1. The right of publication of the said work shall continue to exist for a period of three years from the date of contract until the date of original publication and after publication;
2.In the case of renewal under Article 21, the period mentioned in the preceding paragraph shall be automatically extended every year.
Article 12 (Cost for Establishment of Right of Publication)
1. Eul shall pay to Gap an amount calculated by multiplying the number of copies published at a fixed price by 10% for the establishment of the right of publication;
Article 13 (Advance Payment)
1.B shall pay A a million won in advance at the same time as this contract is executed.
2. B shall deduct the advance payment under paragraph (1) from the royalties payable at the time of publication of the work.
Article 16 (Displacement Use and Establishment of Transmission Right)
2.Except in the absence of any specific consultation, Gap and Eul shall distribute profits for the secondary use as follows: