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Reasons
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(영문) 서울고등법원 2015.07.15 2014나2014113
약정금
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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On January 29, 2013, the Plaintiff and the Defendant transferred the exclusive right to the right to exploit the cinematographic works imported and owned by the Plaintiff (excluding the exclusive right to the theater, and entered into a contract to acquire the right to exploit the cinematographic works with the Plaintiff to distribute the profits earned by the Defendant from exercising the right to the cinematographic works, and the major contents of the contract are as follows:

(hereinafter referred to as the “instant contract”). The terms used in this Agreement are defined as follows: (a) Article 2 (Definition of Terms) of the Agreement for the Acquisition of Right to Use Cinematographic Works shall also be defined as follows:

1. The term “contractual work” refers to a cinematographic work that the Plaintiff holds copyright or is authorized by a third party to use, profit from, and dispose of it, and whose right of printing is transferred to the Defendant.

3. The term "right to purchase" refers to the whole of the right to purchase under each of the following paragraphs, as a kind of copyright and other intellectual property rights of contract works:

Provided, That this includes the right to exclusively exercise, sell, distribute, distribute and dispose of the following individual tickets:

(a) SP TV license: A right to broadcast in the KBS, MBC, SBS, etc. with a right to broadcast by means of public waves;

(b) Cable TV board: A right to broadcast on paid or unpaid channels using cable networks;

(c) Cable VOD and satellite TV board: The right to broadcast or transmit and provide television free of charge or free of charge using a digital cable network or satellite network;

(d)IP-TV VOD printing right: The right to provide all wire-line VOD services that can transmit and provide film content to TV through the devices installed by IP (IP) and STB (Set-Box) or STB;

(e) Internet VOD printing right: Round or/or/or string on PC and hand-on terminals using wire and wireless Internet.

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