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(영문) 서울중앙지방법원 2020.01.14 2018가단5212507
로열티(수익금) 지급청구 등
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 171.6 million to the Plaintiff (Counterclaim Defendant) as well as to the amount from August 31, 2018 to January 14, 2020.

Reasons

1. Basic facts D Company is a company with the copyright license of character E works, and the Plaintiff (Counterclaim Defendant) is a company with the right to manufacture, sell and distribute products using E from D. The “receiving” is an individual company with the name of the Defendant (Counterclaim Plaintiff) who borrowed and operated the name of the Defendant (Counterclaim Plaintiff) who is the wife.

On September 27, 2017, the Defendant (Counterclaim Plaintiff) entered into a contract with the Plaintiff (Counterclaim Defendant) with the term of contract “YL”, “one year until September 26, 2018,” “minimum amount of KRW 300,000,000”, and “the Defendant (Counterclaim Plaintiff) burden” as “the Defendant (Counterclaim Plaintiff) burden”, and entered into a license agreement with the Plaintiff (hereinafter “first contract”) and the term of the contract with the contractual item as above. The Defendant (Counterclaim Plaintiff received KRW 35,00,000,000 from F to KRW 35,000,000,000,000,000 as “the minimum amount of KRW 30,000,000,000,000,000,000 won per unit,” and the Defendant (Counterclaim Plaintiff) received KRW 28,300,000,000,000 from F in accordance with the contract.

8. A total of KRW 38 million, including KRW 8 million, was received.

[Ground of recognition] Facts without dispute, Gap 1 and Eul 2, the purport of the whole pleadings

2. Determination on the principal claim against the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff)’s counterclaim

A. If the purport of the entire pleadings is added to the testimony of Gap 3, 4, 9, and 10 11 and G, the Plaintiff (Counterclaim Defendant) and the defendant (Counterclaim Plaintiff) agreed at 50% of the royalties that the defendant (Counterclaim Plaintiff) would receive from F prior to the conclusion of the contract Nos. 1 and 2, about KRW 600,000,000 exceeding KRW 300,000,000,000,000 won, however, the F around August 2018.

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