(영문) 서울남부지방법원 2014.02.20 2013가합13437

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(영문) 서울남부지방법원 2014.02.20 2013가합13437

전용권부존재확인

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1. It is confirmed that the Defendant does not have the right to enter in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The plaintiff is a company that publishes and sells a daily newspaper called "sports Seoul" mainly for the purpose of the newspaper and communications business, and is holding the domain name of www.S.com website (hereinafter "W.com"). The defendant is a company that has been established on October 18, 2002 as the plaintiff's subsidiary and has maintained and operated the above website from that time.

B. On October 18, 2002, when the defendant was established, the plaintiff entered into a contract on the operation of the web site of this case with the defendant on October 18, 2002, which is the time of the defendant's establishment, and thus, the defendant maintained and manages the web site of this case and granted the defendant the plaintiff's "sports Seoul," the plaintiff's brand and the plaintiff's content online exclusive use right and exclusive sale right, etc.

1. A right to use a sports Seoul brand online monopoly;

2. The right to online exclusive use of content: Provided, That this does not include entering into a contract for the use of the brand of “A” abroad and providing the newspaper to the corporation that publishes the newspaper.

3. Exclusive sales rights to sell the content of “A” on media services using wire-line Internet and other digital equipment;

4. Other matters shall be determined by mutual agreement between A and B.

Article 4 (Scope and Contents of Right) (1) “B” shall be provided with the content of “A” and shall be responsible for the remuneration and maintenance management of the website (www.S. Report.com) of “A.”

(2) “B” shall make every effort to manage the website (www.s reportedul.com) of “A” in accordance with the good faith principle.

Article 10 (Period of Contract) The term of this contract shall be from October 18, 2002 to October 31, 2005, and both parties shall raise an objection 30 days prior to the expiration of the contract.

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