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(영문) 서울고등법원 2015.11.27 2015나2040768

손해배상(기)

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1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1, Gap evidence 5, and Eul evidence 1:

The plaintiff is a company running the business of publishing newspapers, newspapers, and Internet newspapers, and the defendant is a company running broadcasting business, cultural service business, and business incidental thereto.

B. On December 30, 201, the Plaintiff entered into a contract with the Defendant to publish “B” (hereinafter “instant publishing contract”) using the monthly date (hereinafter “B”) referred to as the Defendant’s payment of consideration to the Defendant, and the Defendant’s payment of consideration to the Defendant (referring to the figureping the MaBC, which is the Defendant’s trade name), and in relation to the instant publishing contract, the Plaintiff entered into a contract to determine the Plaintiff’s production support to the Defendant’s radio program “C” and all matters concerning the Defendant’s assumption on the monthly date of the instant case (hereinafter “instant production support contract”). The main contents of the instant publishing contract and the instant production support contract are as follows.

Article 1 (Purpose) of the Publication Contract of this case (Purpose) The purpose of the Publication Contract of this case is to allow the Defendant to publish the monthly publication of this case and to determine all the matters pertaining to the Plaintiff’s payment to the Defendant.

Article 2 (Contents of Publications)

1. Type of publication: For domestic sales purpose;

2. Subparagraph B: B

3. Normality: A monthly economic area (12 books per year).

4. Number of pages issued: 200 to 300 pages.

5. For internal use: The content processed by the plaintiff by utilizing the content of the defendant's radio program C, and the content that the plaintiff requested and made use of the defendant's broadcast contents permitted by the defendant.

1. The defendant permits the plaintiff to use the defendant's log in the monthly land of this case.

2. The plaintiff shall pay the price for the permission under the preceding paragraph to the defendant as follows.

(1) Seal: 15% of the Plaintiff’s total sales sales shall be deducted.