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(영문) 광주지방법원 2017.10.13 2016가단17113
손해배상(기)
Text

1. The Defendant’s KRW 4,00,000 as well as 5% per annum from May 20, 2016 to October 13, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On April 16, 2013, Plaintiff Company was established for the production of video works and publication of books; Defendant, C, and D were promoters; and the said promoters entered into an agreement for joint projects with the following contents (hereinafter “instant agreement”).

Article 1 (Purpose) This Arrangement provides for all intellectual property rights (hereinafter referred to as " intellectual property rights") held or to be held in the future by B (U.S.) and C carries out a joint project by means of investing funds, the purpose of this Arrangement is to facilitate the operation and management of the joint project by clarifying important matters necessary for the joint project, such as distribution of funds invested in intellectual property rights and decision-making.

Article 2 (Joint Business Operators) Any joint business operator of this Agreement refers to a person who holds shares at the time of incorporation of a stock company A (hereinafter referred to as "stock company") and his/her business registration shall be registered as a stock company.

Provided, That the representative director of a stock company shall be each of the representative directors, and C shall be the chairperson, and B shall be the president.

Article 3 (Joint Projects) (1) Joint Projects of this Arrangement shall include the following:

1. Manufacturing and issuing teaching materials for F education;

2. Manufacture and issuance of DVD for the F Seaine;

3. Production and publication of G educational materials;

4. Production and publication of CDs in the G piracy;

5. Manufacturing and publishing materials for H education;

6. Manufacture and publication of I educational teaching materials;

7. J Motion Picture Production and Sales (2) The copyright related to paragraph (1) includes the copyright "K,L, M, N,O, P, Q, and B copyright related to the intended project (whether or not the intellectual property right is registered) after this arrangement is included in the objective of the joint project.

Article 4 (Joint Ownership Method) All property invested by joint business operators shall be owned by the corporation, and joint business operators shall be distributed profits as shareholders after film production.

Article 5 (Joining) (1) Any joint business operator shall invest an agreed share as follows:

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