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(영문) 대전지방법원 2017.06.15 2016가합101802
저작권이전등록절차이행
Text

1. The defendant shall implement the registration procedure for transfer of the copyright in the attached list to the plaintiff.

2. The plaintiff's remainder.

Reasons

On May 2013, the Plaintiff entered into a contract for the supply of goods (hereinafter “instant contract”) with an agricultural company B Co., Ltd. (formerly: C Co., Ltd.; hereinafter referred to as “C”) and the Defendant of the representative director, and entered into an agreement with the following (hereinafter “instant agreement”).

Article 3 (Industrial Property Rights) (1) The ownership and the right to use a trademark used on goods under this contract, trademark rights and all other rights shall be granted to A (Plaintiff of this case).

C Under the instant contract, the Plaintiff supplied red ginseng products (hereinafter “instant products”) to the Plaintiff. For the packaging design of the instant products, C requested D to create the E (hereinafter “instant copyrighted works”) which is the copyrighted work of the text (hereinafter “instant copyrighted works”).

Around June 18, 2013, F, an employee of C, sent to the Plaintiff e-mail that the instant work will be completed immediately, and that subsequent packing designs will proceed, and C paid KRW 1 million in return for the instant work to D on June 21, 2013.

C On April 17, 2015, the Plaintiff notified the termination of the instant contract on the ground that the Plaintiff sells goods separately produced from around February 10, 2015, despite the expiration of the contract term, on the grounds that the Plaintiff sells goods without any order.

On the other hand, the defendant, who is the representative director of C, concluded the transfer contract of the copyright of this case with D, and completed the registration of the copyright of this case (hereinafter “registration of this case”) in the future of the defendant, as shown in the separate sheet according to the above transfer contract of G around G

Defendant and C applied for provisional disposition against Plaintiff et al. to prohibit the use of the instant copyrighted work, but the said court dismissed the said application on April 11, 2016.

[Reasons for Recognition] The plaintiff's judgment as to the plaintiff's claim for registration of transfer of copyright to the purport of the whole pleadings, as well as Gap's 1, 3, 4, and 11 (including virtual numbers), Gap's 1, 4, and 11.

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