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(영문) 서울남부지방법원 2017.12.14 2016가합107968
손해배상(기) 등
Text

1. The defendant Lee Jong-han, Inc., Ltd., Ltd., in terms of KRW 2,330,000 and its amount from August 25, 2016 to August 2017.

Reasons

The plaintiff is a person who written works specified in attached Forms 1 and 2 together with D, E, F, and G (hereinafter collectively referred to as the "joint copyright holder of this case"), and Defendant B was registered as a personal business entity engaging in book publishing H from October 31, 2005 to his trade name as a book publishing H. The defendant joining the defendant is a person whose business registration was transferred by the above defendant, and the defendant joining the defendant completed the report of business closure on October 2, 2013.

The defendant Lee Gi-han Ltd. (hereinafter referred to as the "defendant company") is a company that develops teaching materials for education and carries on publishing business.

The Plaintiff entered into a contract to establish the right of publication between the Plaintiff and the Defendant on April 2006, and around June 2006, the Plaintiff entered into the contract to establish the right of publication on the copyrighted works listed in attached Form 2, and on the copyrighted works listed in attached Form 1 as follows:

(hereinafter “instant publication contract”). Article 4 (Duration of Right of Publication) (1) of the Agreement on the Establishment of Right of Publication (the duration of Right of Publication) of the said work shall continue to exist for a period of five years from the date of the contract to the date of publication of the original publication.

(2) In cases of renewal under Article 22, the period referred to in the preceding paragraph shall be automatically extended every year.

Article 13 (Cost for Establishment of Right of Publication) (1) B shall notify Party A of the number of copies published (sale) at a fixed price equivalent to five percent of the fixed price, and Party B shall pay Party A for the establishment of the right of publication within thirty days after notification.

Article 19 (Transfer, etc. of Copyright or Right of Publication) (2) Where B intends to transfer the right of publication of the said work to a third party or to establish the right of pledge on it, it shall obtain the consent of Party A.

Section 22 (Cancellation of Contract) This contract may be rescinded by means of a written notice (registration mail in the event of dispatch by mail) by either party not later than three months before the expiration of the contract, and, unless there is such notice, under the same conditions as this contract.

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