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(영문) 서울중앙지방법원 2018.02.02 2016가합541296
손해배상(기)
Text

1. The Defendant’s KRW 28,824,755 as well as the Plaintiff’s KRW 5% per annum from August 19, 2016 to February 2, 2018.

Reasons

Basic Facts

The Plaintiff is a company aimed at publishing reference and learning papers. The Defendant is an author of each book listed in the separate sheet (hereinafter referred to as “instant book”). From around 2013 to C Co., Ltd. (hereinafter referred to as “C”) for the purpose of the private teaching institute business and the production and sale of Internet lectures.

On May 10, 2012, the Defendant entered into a contract with D representative director of the Plaintiff to establish exclusive publication right on the instant book from the date of the said contract to October 31, 2015, and subsequently amended or added some of the provisions of the said contract on October 30, 2013.

(2) On October 30, 2013, the Plaintiff entered into a contract for the establishment of the amended publication right (hereinafter “instant contract”). On October 30, 2013, the Plaintiff entered into a contract with the Defendant and D to succeed to the status of D under the instant contract for the establishment of publication right.

On October 30, 2013, the Plaintiff entered into a contract for the production of teaching materials and the publication right (hereinafter “instant contract for the production of teaching materials”) with respect to the production of three kinds of books, etc. between Defendant, D, and C, “E”, “F”, and “G” (hereinafter “instant contract”). The main contents are as follows.

Article 1 (Purpose) The purpose of this Agreement is to provide for the rights and duties of plaintiffs, defendants, C, and D as well as other relevant matters necessary for the planning and supply of content by the defendant, C, and the production of teaching materials therefor by the plaintiffs, D.

Article 4 (Production of Teaching Materials) (1) The plaintiff and D intend to produce teaching materials under this Agreement by December 20, 2013, based on the contents provided by the defendant and C.

② The Plaintiff and D shall provide the Plaintiff with all of their books necessary for producing three kinds of teaching materials of “E”, “F”, and “G” to C by November 20, 2013, and C shall separately manufacture and sell 3,000 sets of teaching materials from the production of the Plaintiff and D’s teaching materials.

Article 5 (Payment of Settlement of Accounts) (1) The plaintiff and D shall pay for the provided contents.

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