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(영문) 서울중앙지방법원 2017.08.25 2015가합13190
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

The Warsaw Co., Ltd. (hereinafter “Defendant C”) is a company established in Japan for the purpose of character goods business, etc., which holds the copyright of character E and F, and Defendant D Co., Ltd. (hereinafter “Defendant D”) is a company in the Republic of Korea for which Defendant C’s copyright licensing work.

G around July 22, 1999, for the manufacture, distribution, etc. of character products, the Plaintiff (H prior to the mutual change on February 5, 2010) was established. On October 30, 2007, the Plaintiff and Defendant C established Company I (hereinafter “I”) in the Republic of Korea by establishing a joint investment method.

On December 5, 2011, the Plaintiff filed an application for commencing rehabilitation procedures with the Seoul Central District Court 201 Ma172, and received a decision on commencing rehabilitation procedures from the above court on December 22, 2011, and subsequently appointed G as the manager at the time the Plaintiff’s representative director was appointed. On November 13, 2014, the Plaintiff changed to B;

On July 26, 2012, the rehabilitation plan approval plan was obtained on July 26, 2012, and the rehabilitation plan was completed on September 15, 2012, and the rehabilitation procedure was completed on December 3, 2015 while the lawsuit in this case is pending.

From around 1998 to 2007, the Plaintiff operated the Plaintiff’s business from around 1998 to around 2007 with re-authorization for the commercialization of character for a certain item from Defendant D, and the Plaintiff operated the Plaintiff’s business with a license to stop (minimum security deposit; hereinafter the same shall apply) and a mining royalty (payment for sales generated in excess of the stop).

From around December 31, 2004 to December 31, 2007, the Plaintiff: (a) discovered and introduced a third party for re-approval of the character commercialization right to Defendant D; (b) entered into a three-party license agreement between Defendant D, the Plaintiff, and the Brazil; and (c) received royalties from Brazil; and (d) paid 70% of them to Defendant D.

The plaintiff operated a character store from around 200 to the defendant C, etc.

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