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(영문) 서울고등법원 2014.12.11 2014나2012100
저작재산권 지분 확인의 소
Text

1. Revocation of the first instance judgment.

2. The plaintiff and the defendant share 1/2 of the author's property rights in each work listed in the separate sheet.

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the entry of "1. Basic Facts" in the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. The assertion and judgment

A. Relevant Acts and subordinate statutes 1) The Defendant is a commissioned-service-type quasi-governmental institution under Article 5(3)2 of the Act on the Management of Public Institutions, and the contract concluded by the Defendant is governed by Article 39(3) of the Act on the Management of Public Institutions, which is the Ordinance of the Ministry of Strategy and Finance (hereinafter “instant contract-related rules”).

Article 1(Purpose) of the Act on the Management of Public Institutions provides for the standards and procedures for contracts, restrictions on participation in bidding, etc. of public corporations and quasi-governmental institutions pursuant to Article 39(3) of the Act on the Management of Public Institutions. Article 2 (Relation, etc. to other Acts and subordinate statutes) (5) The Act on Contracts to Which the State is a Party shall apply mutatis mutandis to matters not provided for in these Rules concerning contracts of public corporations and quasi-governmental institutions. Article 5 (Principles of Contracts) (2) When the head of an agency or contracting officer concludes a contract, he/she shall not make any special agreement or condition unreasonably restricting the contractual interests of the other party to the contract under these Rules and related Acts and subordinate statutes. (1) The matters necessary for the enforcement of these Rules shall be determined and announced by the Minister of Strategy and Finance. (1) Article 5 (Principle of Contracts) of the State Contracts Act shall be concluded on an equal basis by mutual agreement between the parties, and the parties shall implement the terms of the contract in good faith.

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