(영문) 서울서부지방법원 2017.08.30 2016가단242696

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(영문) 서울서부지방법원 2017.08.30 2016가단242696

선급금반환 청구의 소

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1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. On February 12, 2016, the Plaintiff entered into a contract with the Defendant for the supply of digital content (hereinafter “instant supply contract”) with ten writers, B, etc. to be provided with the novels in writing (hereinafter “instant novels”). The content of the instant case is as follows.

Article 1 The purpose of this Agreement is to prescribe all necessary matters for the service and sale of digital contents provided by the defendant in the platform provided by the plaintiff.

Article 5 (1) The Plaintiff re-processed original content provided by the Defendant in a form suitable for the system so that it can be operated real-time via wired or wireless pages.

(2) The plaintiff and defendant shall cooperate with each other to ensure the smooth provision of contents and the operation of services.

(3) The cycle of providing digital contents shall run under mutual agreement.

Article 6 (1) The defendant shall provide digital contents from the date of consultation with the plaintiff, and the plaintiff may coordinate the sale and service schedule by prior agreement.

(2) The defendant may publish works that he/she provides on the plaintiff's platform in a form other than digital contents three months after the commencement of the service.

Article 7 (1) The selling price of digital contents shall be set at 100 won for each occasion, and where there is a change in the selling price, the defendant shall notify the plaintiff 30 days before the change and shall make an agreement in writing.

Article 8 (1) The Plaintiff’s distribution of profits from the sale of the Plaintiff’s platform to the Defendant shall be 70% of sales.

② The Plaintiff shall notify the Defendant of the details of settlement on or before the 15th of the following month of the profits from the sale of digital contents, and the Defendant shall issue the account statement within the 30th of the following month and claim the payment of the settlement amount.

In such cases, the amount paid as advance payment shall be paid.

Article 9 (1) The defendant shall obtain the consent of 10 writers to permit the plaintiff to use the copyrighted work services.

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