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(영문) 서울서부지방법원 2018.01.23 2017나74
임대료
Text

1. The plaintiff's appeal is dismissed.

2.A claim for a user fee due to subrogation, among claims added at the trial.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established by the obligees who lent money to the Defendant’s Intervenor for the purpose of receiving loans from the Defendant’s Intervenor.

B. On November 20, 2014, in order to clarify the role, rights, and obligations of the Plaintiff and the Intervenor’s Intervenor, the Plaintiff entered into a contract with the Defendant’s Intervenor on the following terms (hereinafter “instant contract”).

Although the defendant's assistant intervenor stated "70 subjects" in part of the agreement on the contract of this case (hereinafter referred to as "the content of this case") as "the educational subjects (70 subjects) owned by the defendant's assistant intervenor" (hereinafter referred to as "the content of this case"), it seems that the defendant's assistant intervenor used the expression "all subjects" in the same agreement, and the contract is concluded regarding all the contents owned by the defendant's assistant intervenor.

The Plaintiff transfers his ownership to the Plaintiff, and the Plaintiff recognizes the right to use the daily business to the Defendant’s Intervenor.

The defendant assistant intervenor shall not use the contents of the whole subject for any purpose other than daily business in using the contents of the whole subject.

When the defendant assistant intervenor specially leases the contents of the whole subject to a long-term lease and permits the use of the contents to others, etc., he/she shall undergo the plaintiff's prior approval procedures.

When the repayment of the borrowed money by all the members is made, the plaintiff shall transfer without delay all the assets, including the right to use the content of the defendant's Intervenor, to the defendant's assistant

C. The Plaintiff’s date of preparation of the copyright transfer contract (A 3-1) on October 29, 2015 is indicated as September 24, 2015, but the said contract contains a statement that “the letter of performance is attached as of October 29, 2015 and is written on October 29, 2015,” and the said contract is also deemed written on October 29, 2015.

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