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(영문) 서울중앙지방법원 2016.03.18 2015가합526412
저작권침해금지청구 등
Text

1. The defendant shall use animation screen image recorded in the attached list by air wave broadcasting, cable broadcasting, and the Internet.

Reasons

1. Indication of claim;

A. Basic facts 1) The Plaintiff’s relationship is a corporation mainly engaged in the production of digital contents, such as animation and electronic books for broadcasting, and the Defendant is the original author of the cartoon “C”. The Plaintiff concludes an exclusive management contract for the “C” character possessed by the Defendant and manages the character on a commercial basis, and at the permission of the Defendant, the Plaintiff is a non-party corporation Shobler (hereinafter “Phobide”).

[2] At the same time, the Defendant, as a content producer, entered into a “Cimation contract” where the Defendant, including the production process of animation, came to obtain human skill online, and the Defendant, as a content producer, entered into an “Cimation contract” under which the Defendant, as a content production expert, granted the Plaintiff an exclusive right of management.

The Plaintiff, using the character “C”, newly created an animation scenario, and, completing animation work, sought a business to broadcast animation to the public TV. While comparing and reviewing various kinds of animation producers, the Plaintiff intended to choose a method of producing animation directly.

Accordingly, the Plaintiff received subsidies from the Korea Creative Content Agency, and produced “Cimation” jointly with (State) Rodon from June 2013.

On November 14, 2014, the Plaintiff entered into a contract with SBS Broadcasting Co., Ltd. to broadcast programs, including terrestrial, DMB, and re-broadcasting services, which are the purchasing company of SBS broadcast companies, and completed a total of six times from December 2014.

The production of animation is using the “C” character, and the story was completely composed of all separate contents from the webN that the Defendant written in the past.

The plaintiff shall enter into a contract for consideration with an animation expert, including a scenario author D, E, and supervisoryF.

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