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(영문) 서울서부지방법원 2019.01.17 2018가합33275

손해배상(기)

Text

1. The Defendant: (a) 3,464,385 won to Plaintiff Company A and 5% per annum from May 18, 2018 to January 17, 2019; and (b)

Reasons

1. Basic facts

A. The relationship between the parties (1) The Plaintiff Co., Ltd. (hereinafter “Plaintiff A”) is a domestic terrestrial broadcasting business entity, and the Plaintiff Co., Ltd. (hereinafter “Plaintiff B”) is a company running the Plaintiff’s broadcast program distribution and content addition business.

(2) The Defendant (formerly named “C”) is an external producer who produces and supplies the drama to the broadcasting company.

(3) Nonparty E (hereinafter “E”) is a U.S. legal entity that operates the F website and provides a string service that allows users to view video contents, and Nonparty G limited liability company (hereinafter “G”) operates H (hereinafter “instant site”) which is a domestic service site of E.

B. The Plaintiff’s request for the production of the drama and the Defendant’s production Plaintiff A requested the Defendant to produce the drama on March 2014, and the Defendant produced the instant drama for 20 minutes in the title “I” (hereinafter “instant drama”). The instant drama was broadcasted in the J channel from July 14, 2014 to September 16, 2014.

C. On August 30, 2014, the Defendant entered into a contract on the transfer of shares between Plaintiff A and Plaintiff B, which included the content of the attached Table 1, which transferred rights to Japan and other Asian areas except China, among the overseas sales rights of the instant drama, to Plaintiff B.

(hereinafter “instant share transfer contract”) D.

Plaintiff

On September 2014, A and the Plaintiff A drafted a “Contract for Program Production” accompanying the “Contract Matters” containing the legal relationship in the attached Form 2 with respect to the production of the instant drama, around September 2014.

(hereinafter referred to as “instant production contract”). E.

The Defendant’s permission to use the instant drone services (1) on November 25, 2016 to Nonparty K Co., Ltd.