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(영문) 서울중앙지방법원 2020.11.13 2019가합556237
손해배상 등
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 50,000,000 as well as its annual interest from August 24, 2019 to November 13, 2020.

Reasons

1. Basic facts

A. The Plaintiff is a company running the online music service production business, etc., Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company running the music record production and distribution business, and C Co., Ltd (hereinafter “C”) was a company running the entertainment business, etc.

B. On November 15, 2018, the Plaintiff entered into a contract for the distribution of digital content with Defendant B (hereinafter “instant distribution contract”).

Article 3. ① Pursuant to this Agreement, “B” has the exclusive right to distribute the content planned and produced by “A (Defendant B)” - Broadcasting Name: EF (hereinafter “instant Program”) - “A” must provide “B” with a total of 24 items, including at least 13 items of new and 13 items of rimere, and 11 items of rimere.

- The term “A” must be provided to “B” with respect to the grain of an overseas list and call display.

Article 5 Investment Funds ① “B” shall be paid to “A” in installments in the account designated by “A” (hereinafter referred to as “investment Funds”) for the purpose of producing and publicizing sound records and content, etc. as follows:

Until December 3, 2018, the remainder of KRW 1500,000,000,000,000 from the first sale date of the prepaid deposit account (VAT) producer up to December 3, 2018, G Co., Ltd. (hereinafter “G”) for the term of the contract under Article 7 and the entry into force until December 3, 2018, the remainder of KRW 150,000,000,000 until December 3, 2018.

Article 8 Distribution Fees and Distribution of Proceeds (1) Distribution Rates of "B" shall be 20% of the sales (including value-added tax) and shall be based on the sales actually received through the content business of "B".

(2) "B" shall be the amount limited to the distribution commission under Article 5 (1) of this Agreement.

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