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(영문) 인천지방법원 부천지원 2018.07.20 2018가단108058

약정금

Text

1. The Defendant’s KRW 40,646,376 and KRW 28,583,610 among the Plaintiff and KRW 12,06,766 from April 21, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who writes a web book under the name of “B”, and the Defendant is a company that carries on electronic publishing business, online contents development and supply business, etc.

B. On February 24, 2016, the Plaintiff entered into the Plaintiff’s “C” contract with the Defendant on August 19, 2016, with respect to the Plaintiff’s “D” as to the Plaintiff’s “D” (hereinafter collectively referred to as the “instant contract”) including the following contents.

Article 1 (Permission of Establishment of Right of Publication) (1) The Plaintiff establishes against the Defendant the right of publication and exclusive publication of the work indicated above (hereinafter referred to as “the aforementioned work”).

(2) In accordance with the provisions of the preceding paragraph, the Defendant has an exclusive right to reproduce and distribute the above works.

(3) The plaintiff permits the defendant to use the right of publication and exclusive publication of the above work, and the defendant has the exclusive right to publish and transmit the above work.

(4) The defendant may transmit and sell to another site according to the granting of the right under Article 1 (3).

Article 16 (Cost for Permission of Establishment of Right of Publication) (3) In the case of a transmitted object, the Defendant shall pay to the Plaintiff the fee for the transmission right, i.e., the stamp as follows

b) If the Defendant sells the above copyrighted work in file from another site, the Defendant shall settle 70% of the amount received after settlement from another site and pay it to the Plaintiff. (c) The right of transmission fees, i.e., royalties, after payment, not prior payment, should be paid.

(4) The Defendant shall withhold 3.3% of the Plaintiff’s fees for the first board and trial from the Plaintiff.

§ 29 (Other Consultation) The royalties shall be paid for the following month after the settlement is made by the seller.

C. The Defendant, under the instant contract, sold the Plaintiff’s work to another site on January 16, 2018 and received settlement of the amount equivalent to KRW 10,691,171, and KRW 7,129,411 on March 10, 2018; and KRW 70% of the monthly amount of the Plaintiff’s monthly settled accounts on each of the above settlement payments.