부당이득반환 청구의 소
1. As to KRW 132,021,698 and KRW 132,00,00 among the Plaintiff, the Defendant shall annually pay to the Plaintiff KRW 132,02,00 from August 6, 2015 to September 30, 2015.
In light of the above legal principles, the Defendant’s ground of appeal is justifiable. It is so decided as per Disposition by the assent of all participating Justices on the bench, except as otherwise alleged in the ground of appeal.
나. 원고와 피고 사이의 디지털 컨텐츠 유통계약과 최소매출보장금 지급 1) 원고와 피고는 2010. 12. 3. 원고가 가수 F, G, H 가창(歌唱)의 음원을 싱글 앨범으로 제작하여 피고에게 제공하고, 피고 회사는 음반출시일로부터 1년간 이를 유통 및 사용함으로써 온라인 및 오프라인 판매 등을 할 수 있도록 하는 아래와 같은 내용을 요지로 하는 디지털 컨텐츠 유통계약(이하 ‘이 사건 유통계약’이라고 한다
1) concluded “A Study.”
Article 4 Subject matter of the contract and the minimum sales guarantee amount 1.B (the plaintiff, hereinafter the same shall apply) allow Gap (the defendant, hereinafter the same shall apply) to distribute and use them shall be as follows:
- Washington: G sale in January 201 - G sale in April 201 - Sale in June 201 - Sale in June 201 - The change of a creative person above may be changed only under an agreement between A and B only if it is possible to change the original person under agreement between B and B.
2.A shall pay from the date of the conclusion of the contract the minimum sale guarantee amount (MG) of this contract the gold 280,000 million Won (280,000,000) to the account designated by B within one week from the date of the contract.
(Additional Tax Map)
3.In the case of the content in paragraph 1 above, in which the deduction of the minimum sales guarantee amount (MG) in paragraph 2 above received by Eul not later than three months after completion of the sale of the last content among the content in paragraph 1 above is not more than 80 per cent, Eul will additionally sell two grains agreed with Eul.
Article 10 Termination and Termination of Agreement
2. If Party A finds a violation of any of the following subparagraphs, Party A may cancel or terminate this Agreement, if Party B notified Party B to take corrective action in writing, and if Party B fails to take corrective action even one month after the due date.
In such cases, the damages referred to in paragraph (1) may be claimed against the Dong.
In the event of a breach of obligations under this Agreement
(b) B.