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(영문) 서울중앙지방법원 2018.10.24 2017가합571904
프로그램콘텐츠개발계약부존재확인등
Text

1. A program content development contract concluded on February 11, 2008 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a person who creates books and contents for the production of computer programs with respect to students and the general public while operating a Pianno education institute as a Pianno lecturer. 2) The Defendant is a company established for the purpose of communication lectures and education guidance, etc.

B. 1) The Plaintiff and the Defendant concluded a program content development contract, etc.) on February 11, 2008, the Plaintiff and the Defendant are “C” (hereinafter “instant content”).

A) The Defendant created the instant content development agreement to provide the Plaintiff with the creation, and to pay 10% of the sales proceeds of the books published using the instant content under the name of the user fee to the Plaintiff and 5% of the monthly fee of the computer program developed using the instant content (hereinafter “instant development agreement”).

(2) Of the instant development agreement, the Plaintiff concluded a plan to use the instant content with respect to the Defendant, a program company. (2) Of the instant development agreement, the Defendant has exclusive right to reproduce and distribute the instant content in the form of a computer education program and document or book. (3) The instant content license continues to exist for three years from the date of the contract and thus does not have justifiable grounds for revocation and notification. (2) The instant content license is automatically extended on a three-year basis, in the absence of justifiable grounds for revocation and notification. Article 3 (Protection and Registration of Contents)(1) of the instant development agreement.

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