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1. The right of reproduction, the right of distribution, the right of lease, the right of transmission, the right of transmission against sound sources listed in the attached list;
Reasons
1. The fact of recognition ① The Plaintiff, including “C”, holds a comprehensive neighboring right as a sound record producer under the Copyright Act, who plans the sound source for the crime as indicated in the attached list, and the Defendant is a sound source distributor.
② On May 26, 2006, with Nonparty D Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), the Plaintiff included Alfa in the attached list, and the period is three years from the date of conclusion, and the Nonparty Co., Ltd. paid KRW 100 million to the Plaintiff, and paid KRW 70% of the sound source profit to the Plaintiff, and the amount after deducting distribution agency fee from the remaining profit was deducted from the advance payment (hereinafter “instant distribution contract”). Accordingly, Nonparty Co., Ltd. paid KRW 100 million to the Plaintiff for the advance payment (hereinafter “instant advance payment”).
③ After that, upon the merger of the non-party company into E, the right to sound source of the instant case was transferred to F, and around May 2012, the right was transferred to G, a subsidiary of the non-party company, and the non-party company G transferred the right to sound source of the instant case to the defendant again on January 25, 2013.
(4) Around 2014, the Plaintiff recovered from the Defendant the right to sound source of the crime of destroying 19 out of the crime of destroying 2014, except for the crime of destroying 2. However, as to the crime of destroying 20,000, the Defendant rejected the return of the amount set-off from the advance payment of this case, while the amount set-off from the advance payment of this case exceeds KRW 5,00,000.
⑤ On July 31, 2015, the Plaintiff sent to the Defendant a certificate of content that he/she did not have the right to sound records as stated in the attached list. The Plaintiff’s objection against the Plaintiff, H and I, etc. reserves the payment of compensation for the sound records of Al.
【Ground of dispute】