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(영문) 서울중앙지방법원 2017.04.28 2014가합530636
정산금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 439,840,516 and its KRW 144,682,512 among the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim, June 1, 2012.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

Before the change on March 25, 201, the Plaintiff and the Defendant (hereinafter “Defendant”) agreed to jointly produce D” (hereinafter “instant D”) and entered into a program production agreement with SP Co., Ltd. (hereinafter “SS”) and the Plaintiff and the Defendant to produce and supply the instant DD to SP, around September 2009.

Article 13 (copyright of Program) of the above Production Contract provides that “All author’s property rights, such as the right of public transmission, the right of reproduction, and the right of distribution of the instant drama belong to SPS, but the right to produce and sell OST phonogram belongs to the Plaintiff and the Defendant, and the Plaintiff and the Defendant transfer the right to the production and sale of OST phonogram to the Plaintiff and the Defendant, and the Plaintiff distribute the sales revenue excluding the sales agency fee (20%) at the rate of 50% for three years.”

Around November 14, 2009, the defendant and the LAS S S S S S Content Holdings have ① Added video business (a business distributing DVD produced using a drama production site in the Republic of Korea and abroad) (a business distributing DVD produced using a drama, etc.) and ② Publication business (a business distributing DVs to the Republic of Korea and abroad, such as a drama image stomat, Droid, Drhoe book, Drma novel, etc.) and ③ Commercialization business (a business of distributing, distributing, or using dma's name, character, etc. in addition to all kinds of products produced using a drama's name, character, etc.).

A contract for the allocation of profit from an additional project was concluded to determine the subject to progress and distribute the profit (excluding the author's royalty necessary for the project, the author's portrait royalty, and all other expenses) generated from the respective projects.

Around January 7, 2010, the defendant and the SPS content licensing will distribute earnings from the sales of the instant DD in Asia.

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