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(영문) 서울중앙지방법원 2018.08.17 2016가단5104121

손해배상(지)

Text

1. The Defendants jointly share KRW 91,740,00 with respect to the Plaintiff and the period from June 1, 2018 to August 17, 2018.

Reasons

1. Basic facts

A. The Plaintiff, as a member of a group of E, including the sale of E music records, sold the music records (hereinafter “Plaintiff’s music records”) from F (to May 1980, 200) through the sale of music records from around December 197 to around June 6, 198.

Around 1981, H’s I was appointed as the representative director of J (hereinafter “J”) of H (individual businesses), and the Plaintiff sold E7-11 books of music records through J from around that time to around 1986.

B. The Defendant G was established on December 30, 1991, and the liquidation was completed on December 24, 2002. Defendant B was registered as the representative director of the said company until March 10, 1994.

On November 6, 2012, the deceased K (L’s representative and died on October 13, 2015) is doubtful as to whether Defendant B’s qualification under the above contract is “F representative director,” and whether Defendant B was registered as his/her representative ( Defendant B’s representative on May 21, 2018) without specifying the time on the four pages of the preparatory documents dated May 21, 2018.

A. On November 6, 2012, Defendant C, the wife of the network K, also drafted a contract for the use of Defendant B and neighboring rights (A 5-3) with Defendant B. The two pages indicate that “B and C are accessories attached to the contract with K.”

On January 10, 2014 and June 19, 2014, Defendant D entered into a music license agreement with each network K and Plaintiff’s music records, and sold CDs and Audio DVD music records in the name of “M”, i.e., “M” on February 26, 2014. ② On July 29, 2014, Defendant D sold CDs and Audio DV music records in the name of “N” (hereinafter collectively referred to as “Defendant’s music records”). ③ On January 27, 2016, Defendant D sold CDs and Audio DV music records in the name of “N” including E1-6 and 7 Scam-2.

[Reasons for Recognition] Unsatisfy, all documentary evidence, witness.