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(영문) 서울중앙지방법원 2011.02.18 2010가합46546
저작권사용료지급
Text

1. The Defendant’s KRW 57,032,50 for the Plaintiff and KRW 6% per annum from May 25, 201 to February 18, 201.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings as to Gap evidence 1 to Gap evidence 12, Eul evidence 1 to Eul evidence 20, and there is no counter-proof otherwise.

The plaintiff is an incorporated association that has obtained permission for copyright trust management business from the Minister of Culture, Sports and Tourism pursuant to Article 105 (1) of the Copyright Act. The defendant is a company established for information and

B. On March 2002, the Defendant initially developed and commercialized the call connection sound service, and the call connection sound service refers to the service where the caller calls to the caller and the caller selects the caller during the waiting time until the call is received (hereinafter “instant service”).

C. If the Defendant’s mobile phone user subscribed to the instant service, the Defendant’s mobile phone user sent a call link irrelevant to the copyright, such as the type music, and thereafter the subscriber selects the sound sources that he/she wants by means of the Internet, automatic response system (ARS), radio applied protocol (WAP), etc., and sent them to the call connection.

At the same time as the subscription to the instant service, the subscriber shall pay to the defendant the additional service fee of KRW 900 per month, and if the subscriber selects the sound sources desired to the subscriber, he/she shall again pay the information fee of KRW 700 through KRW 1,400 to the defendant.

On June 1, 2003, the amendment date of the Copyright User Fees Collection Regulation (hereinafter referred to as the "Rules") on October 16, 2003, when the music information is used through the wireless Internet such as WAP/S/M/E methods on October 16, 2003, July 14, 2006, 2007, October 13, 2009 (hereinafter referred to as the "FE"), Article 22 (Change into Articles 24 and 25) of the Rules on October 28, 2009 (hereinafter referred to as the "Use Fee for the Transmission of Radio Internet Additional Services") (hereinafter referred to as the "Use Fee for the Transmission of Radio Internet Additional Services"), the Transmission Fee is as follows:

Total sales ¡¿ 9% x musical works.

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