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(영문) 서울중앙지방법원 2014.10.17 2014가합1251

구상금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The status of the parties and the pertinent Plaintiff (F, a mutual company prior to the change) are companies that entered into a contract for the basic design coordination of space for internal exhibition of science museums with the Republic of Korea, which is the executor of a new construction of a G science museum (hereinafter referred to as “science Museum”) on the basis of the contract.

A Co., Ltd. (hereinafter referred to as “B”) is a company that takes charge of the actual duties after re-subcontracting each of the above services from the Plaintiff.

Defendant D is a person in charge of the design of the science museum by leaving his position to Defendant B around June 2006 while serving as a employee of H Co., Ltd.

Defendant E Co., Ltd. (hereinafter “E”) is a person who produces and supplies sculptures (hereinafter “E”) under the title “I” from the Korea Electric Power Plant Construction Business Cooperative that entered into a contract for the manufacture of goods on the basis of the shop design for exhibition with the Republic of Korea, under the title “I” among the above shop design for exhibition.

Around November 2005, J, a conciliation for the preceding civil procedure, requested Defendant D to make a draft of symbolic sculptures to be installed in the Central Hall of Science Museums. Around March 2006, it filed a lawsuit against the Plaintiff and B for compensation of damages against the Republic of Korea, Plaintiff and B, as the case (hereinafter “the case of the preceding lawsuit of this case”), on the ground that it violated copyright by manufacturing and installing the instant sculptures using the draft of this case, which is one’s work, without the consent or approval of J, and without the consent of J, the Republic of Korea, Plaintiff and B filed a lawsuit against Korea, Plaintiff and B as the previous lawsuit of this case (hereinafter “instant prior lawsuit”).

On July 4, 2012, the above court recognized the copyright infringement of Korea, the plaintiff and B, and recognized the "Korea, the plaintiff and B" as 150,000,000 won to each J, and 5% per annum from November 14, 2008 to July 4, 2012.