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(영문) 대전지방법원 2020.05.21 2019가단100711
저작권료
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff and the Defendant were a person who performed a cartoon production-related work. From January 2015, the Plaintiff and the Defendant liveded with the Plaintiff’s home as a man-made relationship.

On September 2015, the Defendant submitted a cartoon of the title “C” before the cartoon public offering to the cartoon public offering and received good prizes and entered into a contract with D. From February 2016, the Defendant’s cartoon of “C” (hereinafter “C”) with “C” (hereinafter “C”).

The Plaintiff paid the living expenses during the period of living, and the Defendant paid the living expenses from March 2016 when the cartoon tobacco of this case occurred.

In the meantime, the plaintiff and the defendant discussed several times, and thereafter, the plaintiff participated in the cartoons of this case from 1 to 12, and then will suspend work. On May 5, 2016, the defendant prepared a letter stating that "the defendant has a copyright of 10% due to the plaintiff's participation in the initial production of the cartoons of this case. The plaintiff shall pay 10% of the income derived from the cartoons of this case to the plaintiff." (hereinafter "each letter of this case") and then came from the plaintiff's home to the plaintiff's director at this time.

After that, the Plaintiff again participated in the cartoon work of the Defendant, and around October 2016, the Plaintiff prepared a security deposit for lease on a deposit basis with the Defendant to return money again, and lived together again at the end of November 2016, and the police had several disputes over several times, and the Plaintiff returned the security deposit that the Defendant paid to the Defendant on February 2017.

The Plaintiff participated in the cartoon work of this case by December 2, 2016.

The profits that the Defendant received from February 2, 2016 to December 2, 2018 as the cartoon tobacco of this case are as shown in the attached Form.

The Defendant paid the Plaintiff KRW 6,275,00 on May 22, 2016, KRW 2,793,60 on June 27, 2016, KRW 2,500 on July 20, 2016, KRW 4 million on August 19, 2016, KRW 10 million on September 13, 2016, and collected each of the instant forms from the Plaintiff around November 2016.

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