사용료
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Facts of recognition;
A. The Plaintiff is a company running a business related to the distribution of digital consular system.
The Defendant produced motion pictures “26 years” (hereinafter “instant motion pictures”) and distributed the said motion pictures ton of Scenton Co., Ltd. (hereinafter “Scenton”) as a company running business related to the production, investment, distribution, etc. of motion pictures and other video works.
B. On October 1, 2012, Scenton entered into a contract for film screening with the Plaintiff (hereinafter “Memben”) on October 1, 2012 to screen the instant motion picture, and the instant motion picture was shown in the theater.
C. After the completion of the screening of the motion picture of this case, Memboxes paid to the Defendant only the remainder of the limitation amounting to KRW 56,870,00,00, which the Defendant should pay to the Plaintiff at the admission fee.
On February 2, 2013, the Plaintiff entered into a digital cinema license agreement (hereinafter “instant license agreement”) with the Defendant, the main purpose of which is to screen the content invested, imported, and distributed by the Defendant using the digital system installed in the theater located in the Republic of Korea, retroactively on November 22, 2012, on the date of which the Plaintiff entered into the instant license agreement (hereinafter “instant license agreement”). The relevant part of the agreement is as follows.
[Contract for the Supply of Digital Content Content] The Plaintiff and the importer, the investment company, or the Defendant, the distributor, (hereinafter “user”) enter into a contract with the Plaintiff in order to provide for all matters related to the transaction in which the Plaintiff would pay the Plaintiff the “digital Video Distribution Cost” to the Plaintiff for the consideration for the Plaintiff’s smooth distribution of digital content by supplying the devices that can be realized in images with the development of users’ content at the theater.
Article 1 (1) The plaintiff's employees and subcontractors intend to distribute to the users.