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(영문) 서울중앙지방법원 2017.01.13 2016나38893
손해배상(기)
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. Facts of recognition;

A. On March 25, 2014, the Plaintiff is Defendant D’s representative, who is the right of publication, and E is a publishing brand.

The Plaintiff’s work “C” (hereinafter “C”) entered into a contract for the establishment of publication right (hereinafter “instant contract”) with the content that the Defendant would publish the Plaintiff’s work through the Defendant.

The main contents of the instant contract are as follows.

The name of book: The publisher of the Plaintiff: Defendant 1 (Establishment of Right of Publication) (1) The Plaintiff establishes the publication right of the said work to the Defendant, and the Defendant has the exclusive right for publication, reproduction, and distribution of the said work.

Article 2 (Responsibility) The defendant shall be responsible for the publication, reproduction, distribution and sale of this work.

Article 5 (Delivery and Publication Date of Plaintiff) (1) The Plaintiff shall deliver to the Defendant the complete manuscript of this work and necessary photographs, etc. by March 21, 2014.

(2) The defendant shall publish this work within three months after obtaining a full approval of the plaintiff.

Provided, That in extenuating circumstances, the dates of paragraphs (1) and (2) may be changed under the agreement of the plaintiff and the defendant.

Article 6 (Responsibility of Contents) (3) The plaintiff shall entrust the defendant with regard to the completion, supplementation, and reduction of the contents, but the defendant shall deal with the matters in consultation with the plaintiff.

Article 7 (Bearing of Expenses) (1) Costs of authors of this work shall be borne by the plaintiff, and the costs of production, sale and publicity shall be borne jointly by the plaintiff and the defendant.

2. In the case of this work, the Plaintiff shall bear 100 parts of the production cost and 200 parts of the production cost and 1,00 parts of the 1st set.

- One set of 300 copies among them shall be sent to the Defendant and shall be assigned to media companies, four online book stores, three off-line book stores, etc.

- For the smooth progress of this work, the Plaintiff pays part of the down payment (50% of the production cost) and the balance will be paid after withdrawing books.

③ In the case of chain 2, the Plaintiff.

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