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(영문) 서울중앙지방법원 2018.08.10 2017가합516433
손해배상(기)
Text

1. As to KRW 110,440,00 among the Plaintiff and KRW 77,00,000, Defendant C Co., Ltd., Defendant C, from May 8, 2016, and KRW 33,440.

Reasons

1. The plaintiff is a corporation with the objective of distributing and exporting contents such as drama and others. The defendant C Co., Ltd. (hereinafter "Defendant Co., Ltd.") is a corporation with the objective of planning performance, etc., and the defendant B is the representative director of the defendant Co., Ltd.

The Plaintiff and Defendant Company: May 5, 2016; the 6th of the same month; and the same month.

7. (3) On April 23, 2016, the following contracts shall be entered into with respect to D (hereinafter “the second performance”) and E (hereinafter “the first performance”) held on April 23, 2016.

1. The Defendant Company granted the Plaintiff the right to screen online programming service and the exclusive right to sell VOD sales and performance room music sources in the possession of the Defendant Company, and permits the Plaintiff or a third party designated by the Plaintiff to distribute and sell all contents generated from the first and second performances overseas.

3. The period of exclusive overseas distribution and sales provided by the Defendant Company shall be one year from the date of public performance.

7. The Defendant Company guarantees to the Plaintiff that the Plaintiff does not receive, as the first right and overall performance of the contribution list related to (including online singing services) distribution screening (including online singing services) and VOD services, a third party’s copyright. If the damage occurred from a third party, all the responsibility and expenses shall be borne by the Defendant Company.

9. Where a performance is revoked for any reason, the Defendant Company shall submit a re-performance plan to the Plaintiff within two weeks, and where there is no re-performance plan, the Defendant Company shall fully refund the down payment that it received to the Plaintiff.

10. The Plaintiff shall pay to the Defendant Company the amount of KRW 70 million (excluding value-added tax) with the content usage fees under this Agreement within seven days after the contract is concluded.

(hereinafter 13) A party shall cause damage to the other party on the ground that the party shall be liable for, in contravention of this Agreement, or on purpose or by negligence or by any other reason.

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