서적판매금지 등
1. The defendant shall not reproduce, distribute or sell each book listed in the separate sheet No. 2 by January 11, 2019.
2...
1. Facts of premise;
A. The Plaintiff, from November 21, 1989, operates the book publishing business with the trade name C, from around November 21, 1989. Since February 2013, the Plaintiff, as the parties, has son operate C.
The defendant runs the book publishing business with the trade name of E.
B. On January 23, 2009, the Plaintiff and the Defendant concluded a contract between the Plaintiff and the Defendant to establish publication rights (hereinafter “first contract”) with respect to “F1” in the cartoon “F1.”
On March 15, 2009, the Plaintiff paid KRW 9,000,000 to the Defendant for the establishment of the publication right, and published the above cartoons in attached Form 1.
On June 25, 2009, the Plaintiff and the Defendant entered into a contract for establishing publication rights (hereinafter referred to as “second contract”) with the Plaintiff regarding the cartoon “F2” (hereinafter referred to as “F2 contract”).
On September 15, 2009, the Plaintiff paid 9,000,000 won to the Defendant for the establishment of the publication right, and published the cartoons in attached Form 2 in attached Form 1.
On January 12, 2010, the Plaintiff and the Defendant concluded a contract under which the Defendant transferred to the Plaintiff the author’s property right regarding cartoons “F 1, 2, and 3 (hereinafter “each cartoon of this case”) for four years, and the Plaintiff pays the transfer price to the Defendant (hereinafter “third contract”).
The plaintiff paid 27,00,000 won to the defendant with the transfer price, and around that time, each of the cartoons of this case was published in the separate sheet No. 1.
C. On January 12, 2014, when four years have passed since the conclusion of the third contract with the Defendant, the Plaintiff entered into a contract with the Plaintiff, with the cartoon story author who works in the name of G (I), H (J) or K (K) and the cartoon screen author who works in the name of the pen, “W” or “K”, the copyright holder of each cartoon of this case, G, and the picture author, for five years (from January 12, 2014 to January 11, 2019 to transfer to the Plaintiff). The Plaintiff paid 10% of the book sales price of each cartoon of this case to G and H as transfer price.”