(영문) 서울중앙지방법원 2015.10.23 2015가합506807

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(영문) 서울중앙지방법원 2015.10.23 2015가합506807

손해배상(기)

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1. Of the counterclaims filed by the Defendant (Counterclaim Plaintiff), the part on the claim for confirmation of 1/2 shares out of neighboring rights.

Reasons

1. Basic facts

A. On August 18, 2011, the Defendant, the neighboring rights of sound records and sound sources as indicated in the separate sheet No. 1 (hereinafter “instant sound sources”) entered into a contract with the Plaintiff with the following content (hereinafter “instant contract”).

The defendant and the plaintiff enter into a contract with 50% share transfer contract for sound records and sound sources as follows, and they shall be appointed as joint and several sureties of the plaintiff.

The purpose of Article 1 is to acquire exclusive records and sound records owned by the defendant for the purpose of the contract and to prescribe the rights, obligations and all matters of the parties to the contract following the acquisition by the plaintiff.

Article 2 Subject Matter of Contracts

1. Sound records and sound sources that the Defendant transferred to the Plaintiff (hereinafter “contractual sound records and sound sources”) are the Defendant’s exclusive music records and sound sources, and the subject is set forth in the separate acquisition list.

2. Contract sound sources and sound sources shall include the rights specified below:

1) Procedure for acquisition of shares in Article 3 of the Contract Phonograms and Phonograms Copyright and Related Rights (Tex, Images, Images, graphics, graphics, music video, music video, household affairs, etc.) related to contract records, music records, and sound sources

1. As of August 18, 201, the Defendant and the Plaintiff agree 50% share transfer of contractual sound records and sound sources.

2. The distribution of profits from the subject matter of the contract shall be costed, and it shall be 50:50 each of the plaintiffs and the defendant;

B. On August 18, 2011, the Defendant issued and delivered to the Plaintiff promissory notes in attached Form 2 (hereinafter “instant promissory notes”) indicating the Plaintiff’s face value of KRW 120 million.

C. From September 201 to May 2013, the Defendant distributed the Plaintiff the amount calculated by deducting the fee from the neighboring rights revenue of the instant sound source from the fee.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 6, Eul evidence Nos. 2 and 4 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's claim for main lawsuit is based on the contract of this case 1/2 of neighboring rights to the sound sources of this case.

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