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(영문) 의정부지방법원고양지원 2015.07.03 2014가합1713
약정금
Text

1. The Defendant’s KRW 30,000,000 and its related amount are 5% per annum from November 6, 2013 to May 15, 2015 to the Plaintiff.

Reasons

(b). b.

On July 30, 2012, the Plaintiff entered into a contract with the Defendant for the establishment of publication rights and authorization to use transmission (hereinafter “instant publication contract”).

Article 12 (Determination by the Defendant of the System, Specifying, Fixed Price, Number of Copies of the Works in this case, Number of Copies, Number of Copies to be Issued, Time of Offset, Promotion, Methods of Sale, etc.

Article 14 (Cost for Establishment and Transmission of Right) ① The Defendant shall pay to the Plaintiff an amount calculated by multiplying the amount equivalent to 10% of the fixed price up to 5,000 copies of the publication, by 11% of the fixed price up to 5,001-20,000 copies of the publication, by 20,000 copies of the publication, by 12% of the fixed price up to 20,001-40,000 copies of the publication, by 13% of the fixed price up to 40,001 of the publication book, by the number of copies of the publication (user fee).

(8) In principle, the price for granting permission for the use of transmission in the electronic book form shall be an amount equivalent to 30% of the fixed price for the consumer's sale, and the method of settlement may vary depending on the following sales and service form:

* A fixed-term service in the form of sale and service: A fixed-term service in the form of service in which individual members pay a specified amount and use all eBok and digital contents subject to the service for a certain period of time without restriction: (a) individual members pay a specified amount for each specified period of time; (b) other service methods using eBok and digital contents; (c) electronic book display method; (d) eBo-eBok type; (e) eBok type; (e) mti-eBok type; (e) music services and summary services; (e) digital book screening services; and (e) price for the permission for the transmission and use of electronic publications; and (e) payment based on the sales proceeds, not prior payment; and (e) the defendant notifies the total amount of supply at a six-month period and pays the price for the portion supplied.

Provided, That if the amount to be paid by the plaintiff is less than 10,000 won during six months after the settlement period, it shall be paid on the following settlement date.

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