beta
Text
1. As between Defendant B and C,
(a) usage fees for D, an incorporated association of C with respect to neighboring rights of the sound sources listed in Appendix 1;
Reasons
1. Basic facts
A. On December 17, 2001, the Plaintiff entered into an exclusive contract with C, a music record sales business, and paid a down payment of KRW 140,00,000.
However, since then, the music record was not sold as planned, the plaintiff agreed to the exclusive contract with C around January 2007.
B. On April 7, 2014, the Plaintiff filed a lawsuit against C seeking the return of KRW 140,000,000 for the said down payment (Seoul Central District Court 2014Gahap18396). On March 24, 2015, the conciliation was concluded that “C shall pay the Plaintiff KRW 130,000,000 to the Plaintiff by April 30, 2015, on the condition that the payment shall be made by adding the damages for delay calculated at the rate of 20% per annum per annum.”
C. C owned the instant neighboring rights and copyright, and related rights entered into a trust agreement with D on February 7, 2006, and specifically distributed neighboring rights usage fees, broadcasting, digital audio transmission, and performance compensation.
All of them are "user fees". In the case of copyright, they have been distributed, and prior to January 2013, E entered into a trust agreement with E and have been distributed user fees.
C Around September 17, 2014, between the wife and the Defendant (Divorce on March 4, 2016), concluded a transfer contract on the instant neighboring rights and D’s right to claim the allocation of royalties (hereinafter “first transfer contract”), and (2) around September 2014, the transfer contract on the instant copyright and E’s right to claim the allocation of royalties (hereinafter “second transfer contract”).
On the other hand, at the time of concluding the first and second transfer contract, C did not have any particular property except for the neighboring rights of this case and the right to claim the distribution of copyright or other miscellaneous usage fees, but did not bear a variety of obligations that amount to more than a total billion won against the Plaintiff, etc
E. The Defendant notified the right to claim the distribution of the royalty of this case to D on the day following the date of conclusion of the first transfer contract, and starting from that time.