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(영문) 서울중앙지방법원 2017.11.29 2012가단196929
정산금
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 person operating “C” (the Plaintiff acquired from D on May 30, 2006, and changed its trade name to C while acquiring E; hereinafter the Plaintiff’s acquisition of all contracts concluded before and after the Plaintiff’s acquisition is indicated as “Plaintiff”) that sells and distributes sound and video products. The Defendant is a corporation that engages in the distribution and sale of sound and video products, and the Defendant is a corporation that merged F with the Plaintiff on February 28, 2005.

(hereinafter referred to as the “Defendant” is indicated as a party to any contract that was concluded before or after the merger of the Defendant.

On July 9, 2004, the Plaintiff concluded a contract with G (hereinafter “G”) for production and distribution of music records, music records, and music records (including the entire or part of the music records, and the right to produce and sell digital music records) with the content that the Plaintiff shall be granted the exclusive authority for each of the above parts and music source sales rights (including the right to produce and sell digital music records) with the content that the Plaintiff shall pay royalties to G.

C. 1) On July 13, 2004, the Plaintiff entered into a music record sales agency contract with the Defendant to pay 8% of the total profits generated from digital content rights (each VAT separate), among the Plaintiff’s sales and digital content rights (hereinafter “instant one contract”). The Plaintiff granted the Defendant the right to sell one-time music record and digital content, and the Defendant entered into a music record sales agency contract with the Plaintiff to pay 8% of the total profits generated from digital content rights (hereinafter “instant one contract”).

(2) On June 15, 2006, the Plaintiff and the Defendant are authorized to exclusively sell and distribute I 2 copies only, and to act on behalf of the Defendant for the wireless and the Internet new business. The Defendant is out of the Defendant’s net profit with respect to the wireless and the Internet new business.

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