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(영문) 대전지방법원 2017.05.11 2015가단24529
이미지 저작권료
Text

1. As to KRW 47,779,840 among the Plaintiff and KRW 42,00,000 among them, the Defendant shall have 5% from March 1, 2014 to July 24, 2015.

Reasons

1. Basic facts

A. The plaintiff is a inserted author, and the defendant manufactures learning materials and teaching materials for young children in the trade name of "C" and sells them for wholesale in child-care centers, etc.

B. On August 25, 2012, the Plaintiff entered into a DNA publication contract (hereinafter “Korean Publication Contract”) with the following main contents to provide the Defendant with the insertion, and to publish the learning log “D” by using the insertion that the Defendant received from the Plaintiff.

In indication of author: Description of the work of the author: Contents of the work of the author: 5,6, 7 years of age or 10 copies of the work of the author, in the amount equivalent to the sum of 30 per 10 copies of the work of the author and 5,000 won of the total amount of 50,000,000 won of the work of the author, together with this contract.

Article 19-4 (Secondary Fees, etc.): The defendant shall pay the plaintiff 5% of the total amount of revenue within 90 days from the date of the contract as the secondary fees for the use of the original work.

Additional Arrangement - When the defendant suffers from a decision or project for the production of a derivative work, the defendant shall enter into an additional contract by mutual consultation with the plaintiff for each case.

- The contract amount to be paid by the Defendant for this work (for each of the 5 years old, 6 years old, and 7 years old, 30 degrees old), shall be as follows:

Down payment: 5,00,000 won (deposits by account transfer until March 24, 2013) (one of the five years of age, six years of age, three of the seven years of age, three of the total and ten days of the closing date, and ten days of the closing date) intermediate payment and remainder: 45,00,000 won (the total nine of nine of the years of age, six, seven of the years of age, nine of the years of age, nine of the intermediate payment, and deposit by account transfer until March 24, 2013): Provided, That the above contract amount includes compilation expenses for the contract items.

C. The Plaintiff supplied the Defendant, by December, 2013, with 9 copies per age, in total equivalent to 27 books per class in relation to the Korean language publishing contract, and the Defendant’s study place of “E” using the insertion supplied by the Plaintiff.

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