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(영문) 서울중앙지방법원 2015.09.04 2014가합590157
저작인접권 확인
Text

1. A summary in attached Form 1 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff)

neighboring rights relating to these.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Defendant’s acquisition of neighboring rights, etc. 1) is a company whose main business is the production, sale, distribution, etc. of music records. The Defendant is Nonparty B Co., Ltd. (hereinafter “Nonindicted Company”) on February 14, 2002.

B) As to the Defendant, the Defendant paid advance payment of KRW 1.2 billion to the Nonparty Company, and the Nonparty Company is the Nonparty Company’s three and four originals of the non-party C’s three and four originals of the four originals of the non-party C, who were the number of members of the non-party Company at the time.

) A contract under which the rights to manufacture, distribute and sell music records after production and the rights to produce, distribute and sell such music records and the rights related thereto are assigned to the Defendant (hereinafter “instant First Agreement”).

The main contents of the contract of this case are as follows. The corporation shall plan, produce, and sell sound records works in Korea under the contract of this case (the defendant of this case; hereinafter referred to as the "A")

(B) and B (the non-party company in this case, hereinafter referred to as “B”)

) A contract shall be concluded as follows. The works covered by this contract shall be "C3 copies" and shall be all singing recorded in the master records of the bar code (hereinafter referred to as "Empic tape"). In relation to this work, "B" shall be submitted as copies of the Ampic exclusive contract and written agreement participating in the above Ampic tape. "B" shall be granted to "A" the right to use the master records using the master tapes, and "B" shall be granted to "A" the right to use the master tapes, subject to the receipt of royalties prescribed in this contract. The term "C" in this contract shall be defined as "C" and "C" in Article 3 (Adjustment of Terms) as a medium capable of fixing sound, and shall not be known to "B" or known to the present day.

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