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(영문) 서울동부지방법원 2016.06.29 2015가합107678
분배청구권양도 청구 등의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

The Plaintiff, as the Music Copyright Association of Korea, entrusted the copyright of the said grain to the said Association in accordance with the copyright trust agreement with the Korea Music Copyright Association and the said Association, as the musical copyright holders of 61 items recorded in the list of copyrighted works registered with the Korea Music Copyright Association (hereinafter referred to as the “Korea Music Copyright Association”) (hereinafter referred to as the “Korea Music Copyright Association”), and received the royalty for copyrighted works in accordance with the regulations on the distribution of royalty for copyrighted works, with the right to claim a distribution corresponding to

In addition, the Plaintiff is the neighboring right holder of 123 works of the Korea Music Industry Association (hereinafter “Korea Music Industry Association”) trusted to the Korea Music Industry Association as recorded in the list of registered copyrighted works of the [Attachment 1] Korea Music Industry Association (hereinafter “Korea Music Industry Association”).

On May 13, 2014, between the Plaintiff and the Defendant, the Korea Music Copyright Association concluded a contract on the transfer of the right to claim distribution and the change of beneficiary (hereinafter “instant contract on the transfer of the right to claim distribution”) with the Plaintiff within the scope of all copyright fees (limited to the case where there is a royalty to be paid by the delegation) that the Plaintiff would pay to the Plaintiff.

The following documents were drawn up between the Plaintiff and the Defendant on September 17, 2014 and September 22, 2014 in their names:

On September 17, 2014, the Plaintiff transferred the Plaintiff’s neighboring rights to works of the Korea Music Industry Association to the Defendant.

(A) On September 22, 2014, the Plaintiff transferred to the Defendant all the Plaintiff’s author’s property rights regarding the Plaintiff’s work (total of 61 works) trusted to the Korea Music Association, and the right to prepare and use the said work with the composition of the original work, or the compilation work with the entire content of the said work, and the Defendant transferred the entire right to exploit the said work to the Defendant.

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