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(영문) 서울서부지방법원 2015.11.26 2014가합9977

음악저작권확인 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 25, 1994, the Plaintiff and the Defendant entered into a three-dimensional contract following the publication of the records, with the content that the Plaintiff provided the Defendant with the sound source necessary for producing the sound source recorded in the records in the separate sheet (hereinafter “the records in this case”). The Defendant made, distributed and sold the records by using them, and agreed to pay to the Plaintiff KRW 800 per opening at the time of selling the CD, and KRW 1,000 per opening at the time of selling the CD (600 per export opening).

(hereinafter “instant contract”). Article 4 (Obligation of Person B to Fulfill the Conditions of Person Tax Agreements) B (the Plaintiff; hereinafter the same shall apply)

A (the defendant, hereinafter the same shall apply)

(B) If the amount of royalties on the production of a recording product falls short of the amount of deposits made by Eul from Eul until the contract expires, Eul will pay in cash to Eul. Article 5 (Duty to Support A) Section 2) A is provided with a notarized bill and a security to guarantee its payment, and the amount of the [Attachment] public certificate shall be lent as non-interest until the contract is terminated.

3) A shall pay a loan to B when the payment of the loan has been completed by notarial bills and written consent to the offer of security. 4) The method of approving the loan is to deduct B’s advance payment through mutual consultation.

Article 9 Where a violation of this Agreement occurs during the term of the contract under Article 9, A shall compensate for KRW 100 million requested by him/her, and the works of Section B shall be reverted to A.

B No objection may be raised legally to A.

제11조 (홍보의 지원) 1 을의 음반기획상품을 시판하는 과정에서, 힛트할 수 있는 상태가 70%가 될 때, 갑은 3,000만 원 한도 내에서 전도금으로 지급할 수 있다.

B. The instant contract contains the following:

C. The plaintiff on the same day is the defendant.