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(영문) 서울서부지방법원 2016.09.27 2015가단241382
로열티 정산금 등
Text

1. The Defendant’s KRW 21,322,60 for the Plaintiff and 6% per annum from November 20, 2015 to September 27, 2016.

Reasons

1. Basic facts

A. The Plaintiff is the copyright holder of the character “B”, and on September 15, 2014, concluded with the Defendant a contract with the Defendant to contract the production of the Plaintiff’s “B” character (BPP) products using the Plaintiff’s “B” character (BPP).

(hereinafter “instant contract”). (b)

The main contents of the instant contract are as follows.

Article 1 The Plaintiff shall pay the Defendant the production cost based on a quotation, and shall pay 11,450,000 won (24,90,000 won out of the total production cost of KRW 4,550,000 among the production cost of KRW 9,10,000,000 for each lane at the time of placing an order, and shall pay KRW 18,00,000 for two-lanes at the time of loading of China after producing the product.

Article 4 The defendant shall not immediately supply the goods produced by the plaintiff to the plaintiff, and shall supply the remaining goods to the plaintiff after the defendant sold for six months (for subsequent consultation).

Article 6 (1) On February 28, 2014, the Defendant shall pay 50% of the amount stated in the written estimate of Article 1 (excluding gold and shape expenses, 24,900,000 won), to the Plaintiff, and shall pay the sales proceeds by settling accounts when the goods are supplied to the Plaintiff after the sale period.

② The Defendant shall pay 8% of the ex-factory price to the Plaintiff on the basis of the Defendant’s main ex-factory price as to the entire quantity of the produced goods, and the royalties for the quantity supplied when the goods are supplied to the Plaintiff shall be refunded.

(3) Expenses for gold-type and tree-types shall be borne by the plaintiff, and the result thereof shall also belong to the plaintiff.

C. At the time of the instant contract, the written estimate delivered by the Defendant to the Plaintiff is written with KRW 39,100,000 (the total cost of production, including KRW 18,000,00 (per unit price of KRW 1,200), which is the sum of KRW 12,00,000,000 (per unit price of KRW 43,010,000,000 (per unit price of KRW 1,200), and the total cost of production, including KRW 18,00,00,00 (per unit price of KRW 1,200).

On September 1, 2014, the Plaintiff paid for the production cost of character products to the Defendant, which is KRW 13,00,000,000, and September 1, 2014.

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