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(영문) 서울고등법원 2015.11.05 2014나59639
손해배상 등
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff’s production 1) while running the business of producing and selling music records in the name of “N”, the Plaintiff was engaged in the business of producing and selling music records in the name of “N” in around 194 (hereinafter “E”).

(ii) Does containing 10 grains, etc. D (this title is referred to as “L”;

hereinafter referred to as “D”

(2) Around May 26, 1997, the Plaintiff entered into a contract with G, a representative, on the three-dimensional music records of G and D, which is the denial of D (the trade name of the production company operated by the Plaintiff at that time is referred to as “O”) and the following terms and conditions.

The Plaintiff and D enter into a contract for the production and sale of music record names “D” (E and 9.) as follows:

Article 1 (E) The Plaintiff shall have the legal effect as owned by the Plaintiff permanently in all rights of the master and copyright of “D” music records (E and nine (9) music records).

Article 2 Section D shall actively engage in activities such as broadcasting PR, etc. to promote sales at D's expense.

Article 3 When more than 5,00 pages (including testing, CDs) are sold, the Plaintiff shall pay to D 50% of the margin for the excess under the pretext of royalties.

In principle, the amount of return shall be 50:50 and the plaintiff and D shall be repaid respectively.

Article 4 The plaintiff shall settle the quantity sold by the end of each month and pay the relevant royalties to D by the 10th of the following month.

3) However, D’s three-house music records were sold at low prices, and D did not receive the royalties prescribed by the above contract from the Plaintiff. B. The Plaintiff’s delivery of D3-house music records to D, and the Plaintiff, around 2005, delivered D’s “mastcry” of D3-house music records containing the instant music materials to D (hereinafter “the instant posters”).

(c) Around June 18, 2010, the Defendants issued a contract for the production and sale of music records and music records. D (i) around June 18, 2010; and (ii) on December 11, 2010, the music code was issued by the Defendants.

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