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(영문) 서울중앙지방법원 2017.02.02 2014가합545973
계약해지확인 청구의 소
Text

1. The establishment and publication of the publication right of June 18, 2013 entered into between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

As an attorney-at-law, the Plaintiff is a person who gives lectures at a university, a private teaching institute, etc., and the Defendant is a person who runs a publishing business in the name of “C”.

On June 18, 2012, the Plaintiff entered into a contract for the establishment and publication of the following contents (hereinafter “instant first contract”) with the Defendant.

The copyright owner of all business contracts related to the establishment and publication of the right of publication: The plaintiff shall have exclusive right for the reproduction and distribution of the works indicated above to the defendant, and the defendant shall have exclusive right for all works related to the law school (including D, E, and F; hereinafter the same shall apply), all works related to the judicial examination and patent attorney examination, all other works related to the patent examination.

Article 5 (Leases and Shares) (1) The defendant shall borrow 20 million won from the plaintiff and make installment payments from January 2013 to January 2013.

② The shares of the Plaintiff and the Defendant are 50:50 for publishing business, and 60:40 for all businesses following publishing business.

Article 6 (Distribution of Profits and Funds Management) (1) The monthly salary of the defendant shall be three million won after the tax.

Revenues other than various expenses shall be allocated in consideration of the financial status on the fifth day of each month.

(2) Funds management shall be conducted by the defendant.

The defendant shall present the details of the deposit and withdrawal in the immediately preceding month to the plaintiff upon confirmation by the bank concerned.

Article 14 (Term of Contract) The term of contract under this Article shall be from June 18, 2012 to June 17, 2017.

On June 18, 2012, the Plaintiff lent KRW 20 million to the Defendant pursuant to Article 5(1) of the instant First Contract.

The Plaintiff and the Defendant terminate the first contract of this case on June 28, 2013, and establish and publish the following contents.

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