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(영문) 서울중앙지방법원 2018.04.05 2017가단5176291
기타(금전)
Text

1. The Defendant shall pay to the Plaintiff KRW 120,00,000 and the interest rate of KRW 15% per annum from August 17, 2017 to the date of full payment.

Reasons

1. In full view of Gap evidence Nos. 1 and 2 as to the cause of the claim and the purport of the entire pleadings, the plaintiff is a company operating a sound source file download service and related rights management business, etc., and the defendant is a person operating a virtual and neighboring rights producer. The plaintiff and the defendant concluded a contract with the plaintiff on September 24, 2015 to transfer all of the rights to 123 sound sources and sound source parts including "B" and "C" to the plaintiff 100 million won in price (hereinafter "the contract of this case"). Accordingly, the plaintiff paid 10 million won to the defendant and received all the above rights from the defendant. Where it is deemed that the contract of this case cannot be maintained because it is impossible for the plaintiff to receive exemption from liability under paragraphs 4 and 5 of this Article due to a special contract of this case, or where the contract of this case is reversed due to the transferor's reason, the transferee shall immediately request the transferor to return the proceeds of transfer to the defendant within 200 million won, and the transfer proceeds of this case cannot be received to the transferor 270 billion won in writing.

According to the above facts, according to a special contract of this case, the defendant shall pay to the plaintiff a penalty equivalent to 20% of the transfer price and the transfer price, a total of 120 million won and this.

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