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(영문) 서울중앙지방법원 2020.12.28 2020가단5025140

판권료반환 청구

Text

The Defendants jointly and severally liable to the Plaintiff KRW 80,000,000 and the Defendant B Co., Ltd. from February 29, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in the distribution of contents and content marketing, export and import business, production, distribution, investment business, etc. of movies and other video works, and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in the production, import, distribution business, film-making business, import and marketing of foreign movies, etc.

Defendant C is the representative of the Defendant Company.

B. 1) On July 15, 2016, the Plaintiff and the Defendant Company are three film content (hereinafter “D”, “E”, “F”, and “first content”) imported by the Defendant Company.

(ii) the exclusive right to reproduce, distribute, broadcast, transmit, transmit, display or display the content through terrestrial (public) TV, cable TV, satellite TV, IPTV, Internet, DMB, digital theaters, home videos, etc. or otherwise to use, sell, distribute or dispose of the content in the Republic of Korea, excluding, with the author’s property rights and other intellectual property rights to the content.

hereinafter the same shall apply.

[2] The Plaintiff is assigned to the Plaintiff. In return, the Plaintiff is obligated to pay to the Defendant Company the amount of KRW 90,000,000 (value added tax) for the transfer of content rights (hereinafter “the First Agreement”).

(A) concluded a contract (the period for exercising the Plaintiff’s right to purchase the content shall be five years from the date of commencement of each content service and may be implicitly renewed.

(2) At the time, Defendant C jointly and severally guaranteed the obligation under the above contract of the Defendant Company to the Plaintiff. The main contents of the above contract are as follows. [Attachment] Articles 8 (Rights and Obligations of the Defendant Company) and 8 (2) of the final content (the most of the multiple contents subject to transfer of the right to purchase) among the contents provided by the Defendant Company pursuant to this contract, the sum of “profit distribution amount” under Article 12 and “copyright regulation amount” under Article 16 of the Copyright Act concerning each of the contents under this contract paid by the Plaintiff within six months from the service commencement date of the contents commenced.