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(영문) 서울중앙지방법원 2017.11.15 2016가합529517
손해배상(기)
Text

1. The Defendant: (a) KRW 38,534,475; and (b) KRW 3,057,120 to Plaintiff B; and (c) each of them, from June 1, 2016 to November 1, 2017.

Reasons

1. Facts of recognition;

A. Conclusion of a contract for transfer of author’s property right and a contract for transfer of copyright in a book (Evidence A 1 and 2) shall be concluded with the copyright holder, transferor, plaintiff A, publishing right holder and transferee of the above work, and the defendant shall enter into a contract for transfer or takeover of author’s property right as follows and observe it in good faith.

Article 1 (Contents and Assignment of Authors’ Property Rights) (1) The Plaintiff A shall make and transfer to the Defendant all the author’s property rights to the said works and the derivative works whose original works are the said works, or the compilation works whose constituent parts are the said works.

(2) The term "right" in the preceding paragraph includes both publication rights, such as reproduction and distribution, etc. of original works, rights to produce and distribute in electronic media, such as multimedia CD-RM, transmission rights via information and communications networks, including the Internet, broadcasting rights through wireless communications, such as wire radio waves, neighboring rights, such as production of video works, and rights to consent, etc. in preparation of secondary works.

Article 21 (Period and Effect of Contract) (1) The term of the contract for the transfer of author's property right shall be five years from the date of conclusion of the contract.

Unless the plaintiff A and the defendant notify the termination of the contract not later than 30 days prior to the expiration of the contract term, this contract shall be deemed to have been automatically extended every one year.

1) On March 31, 2009, Plaintiff A and the Defendant entered into a copyright transfer agreement with respect to “C” 1 through 4, “D” 1, and “D” 2, which are the teaching materials of the English law written by the said Plaintiff, as follows. (2) On March 31, 2009, the Plaintiffs and the Defendant entered into a copyright transfer agreement with respect to the said content as to the “E” 1 through 4 (hereinafter collectively referred to as the “instant books”) as the teaching materials of the English law written jointly by the Plaintiffs.

(hereinafter referred to as “instant contract” in total). 3 The Defendant is based on each of the above contracts for the transfer of author’s property rights.

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