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(영문) 서울중앙지방법원 2017.07.19 2016가합551736

손해배상(지)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The status of the parties is a company with the objective of producing and wholesale and retailing music records, an artist, and other officially recognized entertainment businesses. Defendant Loenna for the purpose of planning, producing, distributing, and selling music records, and providing multi-mediats, etc. The purpose of Defendant Loenna is to engage in music records, distribution business, and lending and selling sound sources in possession.

B. Article 3 [general rights and obligations of the parties to a contract under the “exclusive contract”] (1) The rights and obligations of the Defendant’s tugboat under this contract are as follows:

1.As of the date of the conclusion of this Agreement, A shall have exclusive rights.

2. The necessary human resources, vehicles, and other expenses, etc. incidental to the entertainment under the exclusive rights shall be borne by the defendant's tugboat;

4. All other expenses related to affairs under exclusive contracts, such as records of phonograms, performances, etc., of A, shall be paid by the defendant's tugboat after consultation between the defendant's hall and A with respect to the scope of such expenses.

(2) The rights and obligations of A under this Agreement shall be as follows:

2. A shall receive shares of sales arising from the use of A’s exclusive rights in accordance with the distribution rate set out in Annex A after the conclusion of this Agreement.

6. As to the first five items with a duty to ensure that the completed sound source of the master book created by A in total of 30 items is produced and supplied within the contract period, the master book shall be supplied within six months after the conclusion of the contract with respect to the first five items, and as to the remaining time of supply for the master book, the master book shall be supplied through mutual consultation.

Article 10 [Reversion of Intellectual Property Rights] Any intellectual property right created by exclusive rights after this Agreement (property rights, patent rights, utility model rights, trademark rights, design rights, etc.) shall vest in the defendant's tugboat.

1. The defendant's tugboat.