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(영문) 서울중앙지방법원 2015.10.08 2014가합531950

저작권침해금지 등

Text

1. As to the Plaintiff KRW 44,700,00 and KRW 11,175,00 among them, the Defendant shall pay to the Plaintiff KRW 11,175,00 from January 29, 2012, KRW 11,175,00.

Reasons

1. The Plaintiff is a person who operates brand consulting, planning, advertising agency, etc. with the trade name of “C,” and the Defendant is a person who manufactures and sells mobile phone liquid services with the trade name of “D.”

From the end of February 2011, the Plaintiff and the Defendant commenced the club business of “business of producing and selling mobile phone value information”.

Both parties are in charge of publicity and design in the same business, and the defendant was in charge of the business.

On February 26, 2011, the Plaintiff and the Defendant agreed to share the expenses of the above partnership business, office deposit, personnel expenses and advertising expenses, and to distribute profits to the Defendant, the Defendant agreed to distribute to the Plaintiff the “10% of the sales revenue of the shopping mall, 20% of the sales revenue of the open market, and 30% of the sales revenue of the Japanese branch offices.”

On May 201, the Plaintiff and the Defendant liquidated the partnership relationship.

After that, the Defendant ordered the pentabrid Co., Ltd. to produce BI (Bandand 1), design work, posters, promotional materials, name cards, etc. on the iFace, and sold the mobile phone information films using the display line in attached Form (1) as designed by the said company.

On January 2012, the Plaintiff filed a complaint with the Seocho Police Station on the charge of fraud with the following facts: “The Defendant, without intention or ability to conduct a mobile phone information protection project, by deceiving the Plaintiff without any intention or ability to conduct the mobile phone information protection project, proposed to operate the business, and caused the Plaintiff to disburse personnel expenses, public relations expenses, etc. for the operation of the business, and did not settle it.”

On January 18, 2012, the Plaintiff and the Defendant agreed to pay to the Plaintiff the sum of KRW 6,000,000 in office deposit, labor cost of KRW 34,800,000 in the website creation cost, KRW 44,700,00 in advertising cost of KRW 900,000 in total, and KRW 44,70,000 in advertising cost of KRW 11,175,00 in installments for four months from January 18, 2012. The Plaintiff agreed to withdraw the complaint against the Defendant.

The prosecutor belonging to the Seoul Southern District Prosecutors' Office is above July 23, 2012.