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(영문) 서울동부지방법원 2015.01.27 2014가합108711
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) Conclusion of a publication contract refers to the Plaintiff and Nonparty C (hereinafter referred to as “Plaintiff, etc.”) who is a cartoon author and Stopy author only under the following publication contract.

A. D on November 29, 2005, between the Defendant and the Defendant (hereinafter “instant D”).

3) The publication contract for the total three tickets (hereinafter “instant D publishing contract”)

(D) [This case’s publication contract] Publication Document: Article 1 (Establishment and Duration of Right of Publication, Exclusive Use of Right), Article 1 (Provisional Use of Right of Publication) (1) The Plaintiff et al., etc., entered into the Defendant with the above indication’s work (hereinafter referred to as “original work”) only under the terms and conditions of the contract.

(3) The term of validity of the right of publication shall be three years from the date of conclusion of the contract, but if the plaintiff et al. or the defendant does not give written notice of termination (registered mail) by no later than three months from the date of termination of the contract, this contract shall be deemed to be extended under the same conditions. In the case of publication made during the term of validity of the right of publication, the plaintiff et al. may not publish or have a third party publish any work identical or similar to all or some of the title and content of the work, even after the expiration of the term of validity of the right of publication. (4) The plaintiff et al. may not publish or have a third party publish any work identical or similar to the original title and content of the work. (1) The plaintiff et al. shall deliver the plaintiff et al. to the defendant by no later than 36, 2006.

Stopy author shall D.

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