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(영문) 서울고등법원 2019.02.14 2018나2016131
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

Basic Facts

The Plaintiff is a company aimed at publishing reference and learning papers. The Defendant is an author of each book listed in the separate sheet (hereinafter referred to as “instant book”). From 2013 to C Co., Ltd. (hereinafter referred to as “C”) for the purpose of the private teaching institute business and the production and sale of Internet lectures.

On May 10, 2012, the Defendant entered into a contract with D representative director of the Plaintiff to establish exclusive publication right on the instant book from the date of the said contract to October 31, 2015, and subsequently amended or added some of the provisions of the said contract on October 30, 2013.

(2) On October 30, 2013, the Plaintiff entered into a contract under which the Plaintiff succeeds to the status of D under the instant contract for the establishment of the instant publication right. On October 30, 2013, the Plaintiff entered into a contract for the establishment of the instant publication right with the Defendant, D, and C to the effect that the Plaintiff succeeds to the status of D. On October 30, 2013, with respect to the production of textbooks, “E”, “F”, and “G” books, etc. (hereinafter “instant contract for the manufacture of textbooks”).

The purpose of this Agreement is to provide for the rights and obligations of the Plaintiff, Defendant, C, and D as well as other relevant matters necessary for the planning and supply of content by Defendant, C, and the Plaintiff and D to produce teaching materials thereof. Article 4 (Manufacture of Teaching Materials) ① The Plaintiff and D are to manufacture teaching materials under this Agreement by December 20, 2013 based on the content supplied by the Defendant and C. ② The Plaintiff, D is to provide all Plaintiff necessary for the production of three kinds of teaching materials of “E”, “F”, and “G” to C by November 20, 2013, and C is to produce and sell 3,000 teaching materials separately from the production of the Plaintiff, D’s teaching materials.

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