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(영문) 서울중앙지방법원 2019.08.21 2016가합570867
손해배상(지)
Text

1. The Defendants jointly share KRW 200,000,000 with respect thereto to the Plaintiff and the period from November 29, 2016 to August 21, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a company running the business of producing and investing movies and other visual works, which produces and opens the film “D” (hereinafter “Plaintiff’s film”) that deals with the ethic order of the Joseon Dynasty, and the Defendants are mainly engaged in visual special effects (VX) that are utilized in the film and other visual works, and is engaged in content production and sales business.

B. On November 27, 2012, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) under which the Plaintiff would provide the Plaintiff with visual special effect work during the long-term computer traffic work appearing in the Plaintiff’s film, and the Plaintiff would pay KRW 2 billion to the Defendant B (hereinafter “instant service contract”). The main contents are as follows.

Article 4 (1) Defendant B shall perform the following work for the production of the Plaintiff’s film:

Part VFX 1 – Concep Degr-Vischer - Title - Title (providing the idea of a producer) - The following work should be performed for the production of the Plaintiff’s film:

Article 12 (copyright, Ownership, etc.) (1) Defendant B has no author’s property right on the final result provided by Defendant B in relation to the Plaintiff’s film, and all intellectual property rights, including the final result, are owned by the Plaintiff.

(2) The Plaintiff holds the author’s property right on the materials produced and provided in relation to the Plaintiff’s film, and meral films, etc.

C. On March 25, 2014, the Plaintiff increased the service price of KRW 2 billion from KRW 2 billion to KRW 3 billion, and Defendant B was in accordance with the instant service contract until July 2014.

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