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(영문) 서울서부지방법원 2013.11.15 2013가합3835
부당이득금 반환 등
Text

1. The Defendants are entitled to neighboring rights as a music record producer with respect to each music record recorded in the separate sheet.

Reasons

1. Basic facts

A. Since around 1986, the Plaintiff was engaged in the production and publication of music records from 1986 to 5 books. Defendant New Village A&Wn (hereinafter “Defendant New Village A&W”) is a company operating music records and sales business. Defendant B is an individual entrepreneur who produces music records from 1 and 2 books as “C” operator’s children.

B. On December 9, 191, the Plaintiff entered into a contract for the production and publication of the Plaintiff’s three-dimensional music records with Seoul Music Co., Ltd. (hereinafter “Seoul Music”) with an exclusive and exclusive right to produce and sell the music records in the trade name of Seoul Music, using the music records copyright planned and provided by the Plaintiff, and the term of the contract was from December 9, 191 to December 8, 192. Accordingly, a contract for the production and publication of the music records was made on March 14, 1992.

B. On July 11, 1995, the Plaintiff entered into a contract for the production of a sound record with the Digital Media Co., Ltd. (hereinafter the Digital Media Co., Ltd.) on which the Plaintiff received advance payment 130 million won from the Digital Media, and delivered it to the Digital Media up to July 30, 1995, and the Digital Media Co., Ltd. to manufacture, reproduce, distribute, and sell the sound record by using it. The term of the contract was one year after the date of conclusion of the contract, while the Plaintiff entered into a contract for the production of a sound record with the contents that the Plaintiff’s four copies of the sound record were distributed on retail for sale, the Plaintiff agreed that the Plaintiff transfer the right to sell the three copies of the sound record to the Digital Media during the term of this contract.

Accordingly, A 4-house music records were produced and released around 1995.

C. The plaintiff's five and five music records production (i.e., "E" on June 1, 1999) between F and F, which had engaged in the sound records production business, etc., five and six music records, and beer list.

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