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(영문) 서울남부지방법원 2013.08.30 2011가합18452
손해배상
Text

1. The Defendant’s KRW 1,456,00,000 as well as 5% per annum from May 2, 2013 to August 30, 2013 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaging in the business of producing and selling visual works produced by “Tree Robo” and “One Part of the Gongsong (In succession, hereinafter “1 and 2 video works”)”, which is a multi-level video work. The Defendant is a manufacturer of electronic equipment using each of the above visual works by means of a 3D TV, etc., and an independent party intervenor (hereinafter “the intervenor”) is a copyright holder of the first video work established for the purpose of promoting trade investment.

B. The Plaintiff produced video works Nos. 1 and 2 with the Intervenor’s investment, and entered into a distribution contract with the Intervenor on May 30, 2007 (hereinafter “instant distribution contract”). The Plaintiff entered into a distribution contract with the Intervenor on May 30, 2007 (hereinafter “instant distribution contract”).

Article 1. The objective of this Agreement is to refer to a video recording of “motion picture” in which the Intervenor “A” holds copyright.

The purpose of Article 2(1)(b) is to grant the Plaintiff’s right to distribute “B” to Plaintiff “B” for a fixed period and to provide for matters concerning licensing agreements that pay the price to “B.” The scope of the right to distribute “B” has the right to distribute “motion pictures to “B” for multi-level image and large-scale screen images. This contract does not restrict the right of an intervenor or Korean government agency to use the film for public purposes without receiving an admission fee. Paragraph (2)(b) has the right to distribute the film by December 31, 201. However, the term of contract may be extended by one year by mutual agreement between both parties. Paragraph (3)(4) of the same Article may not be sold or transferred to a third party. In the event that “B” wishes to distribute motion pictures to DVD or other flat images, the “B” is entitled to participate first in negotiations on the same status as those entitled to distribution. Article 3(1)(2) of the right to distribute ceases to exist in the United States.

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