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1. The Plaintiff (Counterclaim Defendant) paid KRW 110,00,000 to the Defendant (Counterclaim Plaintiff) and its related amount from January 1, 2018 to January 18, 2019.
Reasons
1. Basic facts
A. On October 1, 2015, the Plaintiff and C Co., Ltd. entered into a contract on the right to commercialization (hereinafter “C”) with the Plaintiff and C Co., Ltd. located in Japan (hereinafter “C”).
B) As between the Plaintiff and the Plaintiff, the contract on the right to commercialization (hereinafter referred to as the “contract on the right to commercialization of this case”) under which C directly manufactures and sells goods using D (the character in the shape of animal produced in Japan) in which C manages the right to commercialization or the right to commercialization may be granted to a third party (hereinafter referred to as “the contract on the right to commercialization of this case”).
(2) Of the contracts on the right to commercialization of this case, the contents relating to this case are as follows.
Article 1 Section C of the Agreement on the Commercialization Rights allows the Plaintiff to manufacture and sell products using this work to a third party and to use this work for services or advertisements in accordance with the terms and conditions set out in this Agreement, with respect to the “E” film collection for TV films for which the Plaintiff manages the right to commercialization in D, D, which is subject to the terms and conditions set out in this Agreement, and which is subject to the license area for Korea (hereinafter referred to as “the license area”).
This permit is referred to as “the exercise of commercialization rights”.
Article 4 The plaintiff shall comply with the rules below in the exercise of the right to commercialization of this work.
4. In the exercise of the right to commercialization, the Plaintiff shall obtain prior submission to C and approval from C, such as printed materials, propaganda, advertisement, TV advertisement, etc., printed materials, advertising materials, correction sites, CM-related drawings, samples, etc. conducted in connection with the manufacture and implementation of the goods and services using this material.
6. The Plaintiff shall provide four samples of products or products manufactured or manufactured by the exercise of the right to commercialization to C free of charge.
Article 5
2. The plaintiff's contract for the permission of commercialization to be entered into with a third party by exercising the right to commercialization under Article 1 (2) is applicable.