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(영문) 의정부지방법원고양지원 2015.08.12 2014가단19939
정산금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 11,401,298 to the Defendant (Counterclaim Plaintiff) and the Plaintiff’s counterclaim from January 20, 2015 to August 12, 2015.

Reasons

1. Basic facts

A. On August 5, 2010, the Plaintiff concluded an entrustment contract with the Defendant, a company aimed at planning and producing sound records and videos, and distributing sound sources (hereinafter “instant contract”).

Article 1 The purpose of this Agreement is to prescribe the details of the rights and obligations arising from the entrustment of duties (hereinafter referred to as "entrusted duties") to the Defendant to distribute music works under the Copyright Act (hereinafter referred to as "contractual music records and sound sources") in which the Plaintiff holds the right to plan, produce, and distribute, and the rights and obligations arising from the entrustment of duties (hereinafter referred to as "entrusted duties") by online and offline.

Article 3 Subject Matter of Entrustment of Affairs

1. The term “contractual sound records and sound sources” subject to circulation is all sound records and sound records, sold and invested by the Plaintiff prior to the date of this contract, and music works under the Copyright Act on sound records and sound sources, which are held by the Plaintiff in the course of sale and investment.

Article 5. Rights and Duties of Defendant

2. The Defendant shall collect the sales proceeds from the seller and pay the limited amount to the Plaintiff.

Article 7 Exemption from Liability

1. In addition to the taxes paid to the Plaintiff, the Defendant does not bear all the obligation to pay the payment on any pretext that the Plaintiff is obligated to pay to a third party, and the Defendant is entirely responsible to the Plaintiff.

Article 8 Payment of Expenses for Entrustment (Distribution of Profits)

1. The Defendant’s distribution fee for the sound sources and music records that the Plaintiff secured the right of master shall be 20% compared to the sales of the right adjacent to the relevant author’s work.

2. The Defendant’s distribution commission for the sound sources and records that the Plaintiff secured only distribution authority is 50% of the distribution commission under the contract entered into by the Plaintiff.

Article 9 No royalties shall be paid for goods returned and disposed of in inventory, and the return of goods shall be deducted at the time of the settlement of the royalties each month.

Moreover, returned phonograms shall be:

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