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(영문) 서울동부지방법원 2018.06.01 2017가단103536

손해배상(기)

Text

1. The defendant shall pay 53,450,000 won to each of the plaintiffs and 15% per annum from February 10, 2017.

Reasons

1. Basic facts

A. On December 5, 2014, the Plaintiffs had completed the Plaintiffs’ copyright registration (titled: D, type of copyrighted works, creation date, and official fee date: October 5, 2007) with the Defendant on December 5, 2014, the Korea Copyright Commission of Korea on June 1, 201.

In addition, a contract for the use of copyrighted works, etc. (hereinafter “instant contract”) was entered into with respect to “E” and “E” and “E” and “the instant copyrighted works” (hereinafter “instant copyrighted works”) used in the relevant musical field. Some of the terms of the contract are as follows:

Article 1(Purpose)The purpose of this Agreement is to provide for the rights, obligations, etc. regarding the content of the exploitation agreement of works, such as the method and conditions of exploitation of works, etc. relating to the rights and obligations of “A” (Plaintiffs).

Article 4 (General Rights and Duties)

4. “B” (the Defendant) does not, in no case, alter the script and household of “marine D” without consultation with “A”, and does not in any way erogate.

7. “B” should proceed under the name of the author and the author, if any, additional arrangement necessary for the performance.

In no case there is no change in the valley used in musical D.

Article 8 (Payment of Fees)

2. “B” shall determine to pay to “B” the 10th day of each month (in the case of weekends and holidays, payment on the first business day following the first day) gold 3,300,000 won per capita “A” (including KRW 1,650,000 per capita, and VAT) as user fees.

The term "sick" shall distribute user fees to "A" in accordance with the prescribed standards.

Article 9 (Term of Contract and Renewal of Contract)

1. The term of this Agreement shall not later than February 4, 2016.

2. There is no additional renewal of this contract, and this contract is terminated upon the expiration of the contract term on February 4, 2016, and “B” cannot use the works of “A” any longer.

Article 13 (Cancellation of Contracts, Compensation for Damages and Presumption of Compensation for Damages)

3.This Agreement.