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(영문) 서울중앙지방법원 2017.12.22 2016가단5195295

선급금반환 등 청구의 소

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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 595,140,000.

Reasons

1. Basic facts

A. On March 4, 2016, the Plaintiff entered into a contract with the Defendant for the supply of digital content (hereinafter “instant contract”) with “D” (hereinafter “instant lawsuit”) which is a novel written by the author B (C) (hereinafter “instant lawsuit”). The main contents are as follows.

Article 1 (Purpose) The purpose of this Agreement is to provide for all matters necessary for the service and sale of digital contents provided by the defendant in the platform provided by the plaintiff.

Article 5 (Method of Providing Digital Content and Period of Renewal) (1) The defendant shall re-processing original content in a form suitable for the system so that it can conduct real-time business via wired or wireless film, and register it with the plaintiff's platform.

Article 7 (Selling Price of Digital Content) (1) The selling price of digital contents shall be set at 100 won per time, and where there is a change in the selling price, the defendant shall notify the plaintiff before the change.

② If the price and condition need to be adjusted to promote the sale of digital contents of the Defendant, the Plaintiff may obtain prior consent from the Defendant.

Article 8 (Advance Payment) (1) The Plaintiff shall pay 20 million won per right as advance payment for this Agreement and 20 million won as advance payment for two rights to the Defendant.

② The Plaintiff shall pay advance payment within one week after receiving the Plaintiff from the Defendant, excluding holidays.

Article 9 (Distribution of Accounts and Profits) (1) The distribution of profits from the sale of the Plaintiff’s website to the Defendant shall be 70% of the sales.

② The Plaintiff shall notify the Defendant of the details of the settlement of accounts for the sale of digital contents on or before the next 15th of the following month, and the Defendant shall issue an invoice and claim the payment of the settlement amount within seven days from the date

Provided, That payment shall be made for the amount incurred after the amount of advance payment is deducted.

③ The Plaintiff shall pay the Defendant’s settlement price in cash not later than the 25th of the following month.

except that.