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(영문) 서울서부지방법원 2015.07.10 2014가합9816
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 30, 2011, the Plaintiff entered into a contract with the Defendant to publish the monthly title “B” using the Defendant’s trade name (MBC).

The above contract is divided into publishing contract and program production support contract, and the main contents are as follows:

(2) In addition to the publication contract and program production support contract, the term “A” refers to both the Defendant and the Plaintiff respectively). The purpose of Article 1(1)(a) of the Publication Contract B is to prescribe all matters pertaining to the granting of monthly publication to “B” and the payment of the price to “B” to “B”.

Article 2 (Contents of Publications)

1. Type of publication: For domestic sales purpose;

2. Subparagraph B: B

3. Normality: A monthly economic area (12 books per year).

4. Number of pages issued: 200 to 300 pages.

5. For internal use: Article 3 (Contents and Consideration) of the content that “B” processes by utilizing the radio program C of “A” and that “A” permits;

1. “A” permits “B” to use the logo of “A” in publications (hereinafter “monthly”).

2. “B” shall pay the price for the permission referred to in the preceding paragraph to “A” as follows:

(1) Royalties: 3% (excluding value-added tax) of the total sales (the amount obtained by deducting 15% of the advertising agency fees) of "B".

3. The stamp tax paid by “B” shall not be returned, irrespective of the number of copies sold.

5. “A” means the cooperation in developing apps (apzine in the form of a display) that “B” provides to readers, and the provision of the voice data of “C” program to be used in the apps.

Provided, That the foregoing shall not apply where the provision of “A” is difficult due to the circumstances of “A”.

In addition, the voice materials provided are presented.

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