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1. The Defendant (Counterclaim Plaintiff) paid KRW 103,472,760 to the Plaintiff (Counterclaim Defendant) and its related amount from August 31, 2016 to September 21, 2016.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On December 8, 2001, the Defendant entered into an exclusive agreement with D (e.g., name E) and F (i.e., name) with the trade name of “C” as of December 8, 2001, respectively.
Each of the above exclusive contracts includes the contents that all of the rights under the Copyright Act on phonograms belongs to the defendant.
B. Around May 1, 2005, the Defendant produced the H’s sound records (hereinafter “first sound records”) consisting of D and G, and continued to produce the H’s sound records (hereinafter “second sound records”) around February 20, 2007, around June 18, 2007, and around June 10, 2008.
C. On December 17, 2007, the Defendant completed the business registration of the trade name “F” in the Plaintiff’s name, and received each settlement amount equivalent to 85% of the net profit from the Kitco Entertainment Co., Ltd., Ltd., the distributor of the first music record (Domin Media, Inc., until July 31, 201), and 80% of the sales from Lone Star Entertainment Co., Ltd., the distributor of the second music record (til May 1, 2012), respectively.
[Ground of recognition] Facts without dispute, Gap's 1 to 8, 11 to 14 (including each number, if any) and the purport of the whole pleadings
2. Determination on each of the plaintiffs and the defendant's claims for confirmation
A. The Plaintiff’s assertion 1) asserts that the Plaintiff has the right to receive the settlement amount of KRW 108,234,840 equivalent to the tax amount of “F” and the damages for delay until the payment was made in full. 2) First, in full view of the purport of the entire pleadings, the Defendant granted the Plaintiff the right to receive the settlement amount of KRW 1 and 2 sound records among September 201, and the Defendant’s part of the Defendant’s personal examination result is not believed to be contrary thereto.