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(영문) 서울중앙지방법원 2015.10.15 2013가합536071

약정금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 69,296,00 to the Plaintiff (Counterclaim Defendant) and its payment from September 7, 2013 to October 15, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff (the first trade name was “NB”) but the trade name was changed on March 31, 2015 as of March 31, 2015.

(2) The Defendant (former trade name was “SMMM Entertainment” but changed as of March 31, 2015) is a company that engages in broadcast receiver and other images, sound device manufacturing business, Internet-related content provision business, and electronic commerce business.

B. 1) The Plaintiff and the Defendant concluded a business partnership agreement with respect to the field of food production (hereinafter “instant business partnership agreement”) with the content that they share the food content possessed by each other on January 1, 201 (hereinafter “instant business partnership agreement”).

(2) The main contents of the Agreement on Business Partnership of this case are as follows.

① From among the entire music music produced by the Plaintiff by the Plaintiff from among the total music music music produced by the Plaintiff, the Plaintiff and the Defendant, among the terms and conditions (Article 2) of the Agreement on the Business Alliance of this case (Article 2): MID Data 1:3:3, the MPI Data 3:1 WAV (Fil) of the music music music music music produced by the Defendant, which the Plaintiff and the Plaintiff require among the total music music music music music music produced by the Defendant, the provision of the music contents requested and provided between the Defendant and the Plaintiff pursuant to the Agreement on the Business Alliance of this case should be in accordance with the principle of mutual benefits. The price calculation criteria are as follows.

(Article 8(1). The Defendant, on June 22, 2011, requested the Plaintiff’s employee A to send a MPI file of pop music in accordance with the instant business partnership agreement, including the Plaintiff’s right to perform the performance ( neighboring rights), including Plaintiff MIDI 48,000 WAV 160,000 Bos/cos/Ms. ( neighboring rights)

A shall be the defendant on June 29, 201.