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(영문) 서울서부지방법원 2015.08.28 2013가합10710

출판계약해지확인 등

Text

1. The publication contract dated September 23, 201 between the Plaintiff and the Defendants, and the mark dated September 14, 201 and the main design and design of September 14, 2012.

Reasons

1. Basic facts

A. On September 23, 2011, the Plaintiff granted the Defendants a total of 10 copies of the Plaintiff’s “C” level 1-10 (hereinafter “the publication of this case”) on the Plaintiff’s copyrighted work, and delivered the Plaintiff of the said book to the Defendants by December 31, 201, and entered into a publication contract under which the Defendants would receive royalties equivalent to 8% of the fixed price of book from the Defendants as copyright fees.

(hereinafter “instant publishing contract”). B.

After that, as the production of the publication of this case was delayed on September 14, 2012, the Plaintiff entered into a contract with the Defendants on the terms of contract from August 17, 2012 to July 31, 2013, with the amount of 18,100,000 won (excluding value-added tax), under which the Plaintiff entered into a contract with the Defendants to deliver the final data by making the cover of the publication of this case, the design of the main design, and the compilation board.

(hereinafter referred to as “instant editing contract”). [Grounds for recognition] The fact that there is no dispute, entry of evidence Nos. 2 and 3, and the purport of the whole pleadings.

2. The cause of the claim and the judgment thereof

A. The Defendants, the cause of the claim, did not perform a faithful contract in the process of printing, printing, printing, distributing, and publicizing the publication of this case, and did not take measures to ensure that the author of the work of this case was indicated as the Plaintiff, despite the Plaintiff’s request for correction over six months, and did not repeatedly provide sales data for the computation of royalties, and did not violate the publication contract of this case as well as the trust relationship between the Plaintiff and the Defendants was lost due to these reasons.

Accordingly, from May 16, 2013, the Plaintiff notified the Defendants that the instant publishing contract is terminated, and the instant publishing contract and editing contract are terminated again with the delivery of a duplicate of the instant complaint.

B. According to the publication contract of this case 1, the defendants paid royalties equivalent to the number of copies issued within 15 days in the case of the first edition with copyright royalty, and sold from the trial.