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(영문) 서울고등법원 2016.03.24 2015나11436 (1)
선급금반환등
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

In light of the above legal principles, the court below erred by misapprehending the legal principles on the grounds that the plaintiff did not have to exercise his/her right to claim compensation against the plaintiff, as otherwise alleged in the ground of appeal.

2) As between the two parties, a partnership agreement for work projects (hereinafter referred to as “instant partnership agreement”) with the following content:

Article 1 (Purpose of Contract). This Agreement provides the Plaintiff with the right to distribute works (including the right of reproduction, distribution and transmission) that the Plaintiff has invested and secured at least 30 billion won, and clarifying the rights and obligations among them in running the related business. ① The term “works” is as follows: (i) the term “works” shall be as follows: (iii) the sound records, including 1-3 types of projects (not less than 3%) and 1-3 total sound records (not more than 5 months in 2007) - the two other (not more than 30 billion won in total), the two different categories of copyrighted works (including the right of reproduction, distribution, and transmission) - the three different categories of copyrighted works (including the right of transmission, and the right of transmission) - the three separate categories of copyrighted works (not more than September 2007) - the two different categories of copyrighted works, including the three separate categories of copyrighted works produced by the Plaintiff, and the three separate categories of copyrighted works (not more than the three separate categories of copyrighted works).

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