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(영문) 서울남부지방법원 2020.04.21 2019가합107518

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation whose purpose is the processing business and wholesale retail business of food, health food, processed food, medicine, non-pharmaceutical drugs, etc., and the Defendant is a corporation with the purpose of developing character design and licensing, developing character products, and wholesale and retail distribution business.

C Co., Ltd. (hereinafter referred to as “C”) is a corporation whose purpose is design business, etc.

B. C entered into a license agreement with D on April 1, 2016 to engage in the commercialization of the said copyrighted work, which is owned by D, and thereby was granted an exclusive right to proceed with the commercialization of the said copyrighted work.

C. On June 9, 2016, between the Plaintiff and C, a contract for the commercialization of character (hereinafter “instant contract”) was drafted between the Plaintiff and C as follows.

C and the Plaintiff enter into a contract on the commercialization of character works held by C in accordance with the following contract:

Article 1 [Purpose] The purpose of this Agreement is to conclude a contract for the use of commercialization rights with the permission of C by taking advantage of the right to commercialization of character works held by C to produce and sell contract products with the permission of C.

Article 2

A. C permits the Plaintiff to manufacture and sell goods using C’s right to the commercialization of character works referred to as “E” as of the date of this contract (hereinafter “works”).

B. Items for which C grants the right to commercialization to the Plaintiff pursuant to the foregoing paragraph (a) (hereinafter “contractual products”) and permitted matters are limited to:

Article 4 of the Food Products - The term of this Agreement is from June 9, 2016 to September 30, 2017, and the Plaintiff is the Plaintiff.