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(영문) 서울중앙지방법원 2019.08.28 2018나57515

손해배상(기)

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, in addition to adding or adding the judgment, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. Of the judgment of the court of first instance, the 5th to 18th of the 5th of the 16th of the 5th of the 1st instance shall have been written or added as follows.

The evidence or assertion submitted by the Plaintiff alone is insufficient to recognize the fact that the Defendants committed a tort falling under occupational embezzlement or occupational breach of trust by forging or falsifying the copyright usage fee statement in the second half of 2008 and omitting copyright usage fees to be paid to the Plaintiff. There is no evidence to acknowledge otherwise. Of the judgment of the first instance, the following is added to the 7th half of the judgment of the court of first instance.

“On the other hand, the Plaintiff asserts to the effect that the statute of limitations defense by the Defendants constitutes an abuse of rights or a violation of the good faith principle. However, the Plaintiff’s assertion alone does not constitute an abuse of rights or a violation of the good faith principle. Therefore, the Plaintiff’s assertion is without merit.

3. The Plaintiff asserts to the effect that the Plaintiff is liable for damages as it caused damage to the Plaintiff by deducting part of the copyright royalties in the year 2008 that the Defendants should pay to the Plaintiff, making the Plaintiff enter the Plaintiff in error, and not paying the amount of unfair deduction. However, the evidence or assertion submitted by the Plaintiff alone is insufficient to recognize the fact that the Defendants’ act constitutes a fraudulent act against the Plaintiff, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s assertion is without merit.

4. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is delivered with this conclusion.