(영문) 서울고등법원 2015.05.14 2014나30669

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줄 간격

자간(%)

(영문) 서울고등법원 2015.05.14 2014나30669

정산금 등

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts under Article 3 (Subject Matter and Details of Contracts);

1. The name of this project shall be commonly referred to as “one Starn Twit” and a separate and brief annexed agreement shall be prepared for each other’s interference unit.

The form of the agreement is referred to as “Skynbb-regional name (personal name)”.

2. The brand name of Lone StarWn B shall be owned jointly by the Plaintiff (Plaintiff) and the Defendant (Defendant). In the event that this Agreement is terminated, the copyright and ownership of the content shall be owned by the Plaintiff, and the right to related travel products shall be owned by the Defendant.

3. All rights to the content of Lone Starn TW B’s and all rights to use, including the first right of Lone Star for the display of designated travel goods, are provided to the Defendant during the period of the joint contract for the sale of the Defendant’s travel goods, and all responsibilities for the use of the first right are borne by the Plaintiff.

4. The defendant shall provide the plaintiff with the following with regard to the travel goods that are in progress as a joint venture:

(i)to pay to the Plaintiff in cash 50 per cent of the settlement proceeds, not later than March 15 following the date of release, the sales performance and settlement records of the goods in question each month, and 2) the sales performance and settlement records of the goods in question.

5. The sales policy of travel goods is basically carried out at least 10% of the sales price, but the final sales price determination must be adjusted by the Defendant in consultation with the Plaintiff according to the market situation and provide the Plaintiff with a statement of cost.

6.The basic contract for the Project shall be for a year from the date of the contract and shall be automatically extended on an annual basis unless there is a special objection not later than 30 days before the contract expires.

Article 4 (Sharing of Affairs)

1. The plaintiff's business (1) The plaintiff's business shall take full charge of all, such as the production of interference and content and the securing of portraits;

(2) In order to conduct a joint project, public relations activities utilizing broadcast media, etc. shall be performed by utilizing content.

유사 판례

-서울중앙지방법원 2014.05.23 2012가합21473

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-서울고법 2014. 11. 26. 선고 2014누41635 판결

-서울중앙지방법원 2006.10.11.선고 2006가합37354 판결