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(영문) 인천지방법원부천지원 2016.06.10 2015가합1375
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) is from October 10, 2005 to June 30, 2006 regarding the publication of “C” to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. (1) On June 21, 2005, the Plaintiff, a cartoon author, entered into a contract to establish a publication right with the Defendant on a cartoon “C” (hereinafter “instant book”) with the Defendant on a publication right on the instant book, and the Defendant entered into a contract to establish a publication right with the Plaintiff, a copyright holder, to pay royalties to the Plaintiff. The specific content is as follows.

Article 2 (Adjustment of Contract Amount and Human Tax) (2) Seal shall be determined differently as follows:

- up to 20,00 copies of the issuance: 10% of the fixed price per ticket - up to 2-100,000 copies of the issuance: 12% of the fixed price per ticket - at least 10,000 copies of the issuance: A fixed price per ticket shall be 15%, and a lump sum payment shall be made.

3. The Defendant shall pay royalties each quarter, and shall accurately record the publication volume of the instant books and submit them to the Plaintiff or the person designated by the Plaintiff by the end of the following month from each quarter.

In addition, even if there is a request from the plaintiff for confirmation, the defendant shall accept it.

Article 11 (Indication, etc. of Copyright) (2) A seal of approval may be affixed by mutual agreement.

Article 17 (Time of Occurrence of Second Works) When the plaintiff or the defendant develops e-Ok with the instant book, the plaintiff and the defendant must undergo mutual consultation and decide on the profits accrued therefrom through mutual consultation.

(2) On April 16, 2007, the Plaintiff and the Defendant partially changed the content of Article 17 of the contract for the above publication right to “if the Plaintiff or the Defendant develops any product other than the publication (a drama, mobile, adaptation, translation, film, etc.) with the book of this case, the profit accrued when the Defendant or the Defendant has a business right shall be 5:5 (Provided, That the profit accrued to e-Bok shall be 7:3) (Provided, That the profit accrued to e-Ok shall be excluding all expenses).”

(3) The Plaintiff and the Defendant on January 23, 2015.

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