beta
(영문) 서울중앙지방법원 2019.10.16 2018가합545933

손해배상(지)

Text

1. The defendant shall produce, reproduce, sell, and sell music records using the grains recorded in each music record listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff in the position of the parties is a musicians who published eight music records since 2014 under the name of “C”, and the Defendant Company is a corporation established on June 3, 2016 for the purpose of music record and sales business, etc. and D is the representative director of the Defendant Company.

B. The Plaintiff under the instant exclusive agreement and the sound record profit sharing agreement was under the jurisdiction of “E Entertainment”, the representative of D, who was a school ship.

D Around August 2015, 2015, the Plaintiff entered into an E Entertainment with the intent to establish the Defendant Company, and the Plaintiff entered into an oral exclusive agreement and a sound record profit distribution agreement with the Defendant Company (hereinafter “instant exclusive agreement and sound record profit distribution agreement”), and the Plaintiff would divide the profits of the sound record sold by the Plaintiff into half of the Plaintiff and the Defendant Company.

C. The Plaintiff’s sale of the Plaintiff’s sound records was under the jurisdiction of the said E Entertainment and sold the sound records listed in the attached Forms 1 through 4, and sold the sound records listed in the attached Forms 5 through 8 under the jurisdiction of the Defendant Company. The Plaintiff’s issuance of the sound records was written a written confirmation of the right to request the Defendant Company to transfer the right to the sound records of the E Entertainment (C) contracted with the E Entertainment from September 1, 2015 in the name of the E Entertainment.

D) On August 26, 2015, prior to the establishment of the Defendant Company, G Co., Ltd. (hereinafter “G”) with the trade name “F”

(2) The Defendant Company paid half of the remainder of the profits derived from deducting the costs of the music record, including the cost of the music record, to the Plaintiff when the profits of the music record of this case were paid from G to the Defendant Company.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4 (if there are serial numbers, including branch numbers, the same as this paragraph), Eul evidence No. 24, and the purport of the whole pleadings.