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(영문) 서울중앙지방법원 2017.07.27 2016가단5167030
손해배상(기)
Text

1. The Defendant’s KRW 16,200,00 for the Plaintiff and 5% per annum from July 29, 2016 to July 27, 2017.

Reasons

1. Basic facts

A. On September 24, 2014, the Plaintiff engaged in the book publishing business, etc. entered into a contract for the establishment of publication right and the use of copyright with the Defendant, who is a copyright holder, to publish the Plaintiff or materials of the earth-related teaching materials used in the university specialty lecture with the Defendant’s provision of the Plaintiff or materials.

(hereinafter “instant contract”). (b)

The main contents of the instant contract are as follows.

Article 16(2)(Defendant) is responsible for the exhaustion of the total amount of 20,00 copies (RC 10,000 copies) of this work during the term of this contract.

Article 26. The effective term of this Agreement shall be three years only from the date of the contract.

Article 31. Force Majeure, Other Force Majeure, A, and B, for any cause not imputable to them, shall be determined by the consultation on follow-up measures by exempting them from their responsibilities if Gap or B has suffered losses in connection with them or the implementation of this Agreement is deemed to be delayed or impossible.

C. The Defendant promoted 3,960 copies of the instant teaching materials until now.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1 to 7, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant was liable to mislead 20,000 copies of soil-related teaching materials for three years under the contract of this case, but did not intentionally use the instant teaching materials, etc.

Therefore, the defendant is obligated to pay the plaintiff the total amount of KRW 54 million as damages compensation, excluding the amount of KRW 4,000, which is the 6,000 (per right holder 9,000) equivalent to the remaining 6,00 (per right holder 9,000) from among the 10,000 copies (per one year and six months) which the defendant had the responsibility to s

B. Article 16(2) of the Agreement on the Claim of the Defendant is invalid as it constitutes a false declaration of intention.

Even if not, the defendant is the defendant.

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