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(영문) 서울중앙지방법원 2017.09.27 2017가합531180
저작권양도등록절차이행청구 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a company aimed at developing and supplying game software, manufacturing and selling character business, etc.

B. Around 2012, the Defendant created “C” character as indicated in the separate sheet (hereinafter “C”) and completed the registration of the copyright on the date.

C) Article 1 (Transfer of Authors’ Property Rights) A of the Agreement on Transfer of Authors’ Property Rights (No. 2) shall transfer to B all the world’s property rights to the instant copyrighted work, and the secondary copyrighted work consisting of the said copyrighted work, or the compilation copyrighted work consisting of the said copyrighted work.

Article 2 (Registration of Transfer of Authors’ Property Rights) A may register the transfer of author’s property rights to the above work, and A shall provide documents, etc. necessary for registration to B and cooperate without delay.

Article 5 (Transfer of Plaintiffs) A shall deliver to B, within seven days after the contract, the data necessary for the publication of the said works, or equivalent thereto (hereinafter referred to as “wholly acquired data”).

Article 9 (Transfer Fee for Authors’ Property Rights) (1) B shall pay to A the prescribed amount in return for the transfer of the whole author’s property right to the said work under Article 1.

(2) The payment for the transfer of author's property right shall be made when the Plaintiff was fully paid from Party A, unless any additional agreement is made.

(m) to receive 1,00,000 won for the transfer of author's property right (as well as 1,000 won).

C. On March 5, 2014, the Plaintiff and the Defendant concluded a contract with the Defendant to transfer the author’s property right of the instant character to the Plaintiff.

(hereinafter referred to as the “instant transfer contract”). The specific contents of the said contract pertaining to the instant case are as follows:

(‘A’ refers to the Defendant, and “B” refers to the Plaintiff, respectively).

The Plaintiff paid KRW 1,00,000 to the Defendant on the date of conclusion of the said transfer contract.

[Reasons for Recognition] There is no dispute, Gap evidence Nos. 1 through 3.

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