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(영문) 서울중앙지방법원 2014.04.30 2013가합51686
손해배상
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) are the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”).

(A) On July 15, 2011, the Defendant Company acquired the right of d'D (D and Korea A: E)’s d', which was produced by the latter television of Japan, and the Plaintiff entered into a contract with the effect that the d's d's d' is produced domestically on the basis of the above d's right (hereinafter referred to as the “instant manufacture contract”).

(2) On August 1, 201, the Defendant Company acquired d'D's right to d'D' from the latter television.

3) The Plaintiff paid Defendant Company KRW 167,808,00,000, in total, from July 22, 2011 to November 30, 201 with respect to the instant D production contract. (b) The Defendant Company entered into an agreement for the production of D’s “F” and the payment of the price therefor, on July 25, 2011, the Japanese cartoon “G (G, original author H, and hereinafter “Ch”)” from Schlage Co., Ltd. (hereinafter “Chon”) in Japan, with the content that “G” (G, original author H, and hereinafter “C”) acquires exclusive rights to planning and develop for the production of the instant cartoon from Korea to television D’s Republic of Korea to November 30, 201, and the main content of the agreement is as follows:

In producing the cartoons of this case from Korea to television drama, the defendant company shall be given an exclusive opportunity to engage in preferential development work (e.g., writing, supervision, selection of actors, and production of file multiple images). However, the author shall be subject to the assumption of the original author.

The instant options contract period is from July 1, 201 to June 30, 2012.

In the event that the defendant company obtained the approval of the original author and the director in Schlage for the production of the cartoons of this case into the drama within the duration of the options contract of this case, the defendant company will make the cartoons of this case.

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