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(영문) 서울중앙지방법원 2015.02.05 2014가합46179

선급금반환등

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 145,979,961 as well as the interest rate from November 1, 2008 to the date of full payment.

Reasons

. On March 16, 2007, the Plaintiff entered into a contract for the work project partnership (hereinafter “instant partnership contract”) with the shock engineers (hereinafter “satis”) with the following contents.

Article 1 (Purpose of Contract) This Agreement provides the Plaintiff with the right to distribute works (including the right of reproduction, distribution, and transmission) in which the Plaintiff has invested and secured the right to produce or distribute the works (including the right of reproduction, distribution, and transmission) and clarifying mutual rights and obligations in the course of engaging in the relevant business.

Article 2 (Language Definition) (1) The term "works" shall be as follows:

(1) Washington project that has been shocked in securing production or rights during the term of the contract (the number of sound sources for each project Al) and sound sources including at least 1-3 types of sound sources (at least 3 items of sound sources for each project) - The first: the majority other than B (sales within May 2007) - the second other (sales within the period of July 2007) - the third other (sales within the period of July 2007) - the majority other than D (sales within the period of September 2007) - the third other music records including at least 1-3 types of sound records including at least 1-3 types of sound records - the third may change the order - the three other - the three above - the three participating persons may be included and changed in part, including (E, F, G, H, I, J, K, and L).

Provided, That it shall be equivalent to the number of copies included in the contract in terms of the guidance of the number of persons and commerciality, and it shall be based on the agreement of the two persons.

(2) new works, such as sound sources and video works, (3) the above works shall mean all the materials, including sound records (including sound sources), video works, and photographs, portraits, architectures, and sound records, used in sound records and video works.

Article 3 (Contents of Contract) (1) The two companies shall jointly own neighboring rights to works invested by the Plaintiff and produced by a showor during the contract period in the Republic of Korea and a foreign country, and the Plaintiff shall have exclusive business using the relevant works.

Article 4 (Distribution of Profits) (1) The plaintiff shall pay 300 million won (excluding surtax) in advance as follows:

- - by March 20, 2007, KRW 120 million (excluding surtax) - Plaintiff.