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(영문) 서울고등법원 2020.12.17 2020나2009754

저작권침해금지 등 청구

Text

1. Defendant B’s appeal shall be dismissed;

2. Of the judgment of the first instance, the part against Defendant C in the judgment is modified as follows.

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff is a company that opens and manages an overseas model, takes and produces advertising content and provides it to advertisers. 2) Defendant B works for the Plaintiff from May 18, 2016 to December 14, 2017, and takes charge of the contact and management of advertisers, external business, shooting planning, and field painting, the device of shooting, and the device of shooting back, etc., and Defendant C works for the Plaintiff from June 2, 2017 to December 15, 2017.

B. Defendant B’s resignation and running an independent advertising agency business, etc. (i.e., the Defendants retired from the Plaintiff, registered the Plaintiff’s business with the name of “D,” and run an independent model brokerage and advertising agency business for the same type of business as the Plaintiff. (ii) Defendant C was employed as an employee of the said D from January 2018 to March 2019 after withdrawal of the Plaintiff. After retirement, Defendant C was engaged in an independent model brokerage and advertising agency business from April 1, 2019 to March 2019.

C. On July 10, 2019, the Plaintiff filed the instant lawsuit by asserting that the Defendants, while withdrawing from the Plaintiff on July 10, 2019, brought the instant lawsuit by asserting that they brought about the Plaintiff’s scenarios and video works without permission for their advertising agency. 2) On November 22, 2019, the first instance court rendered a judgment rendered in favor of the Plaintiff, which was served on the Defendant B on December 19, 2019 and served on the Defendant C by public notice on December 25, 2019.

3) The Defendants submitted a petition of subsequent supplement to this court on February 21, 2020. 【Grounds for Recognition】 there is no dispute, or substantial fact in this court, Party A1 and 2 (including provisional numbers; hereinafter the same shall apply)

Evidence, 3 evidence, Eul, or 3 through 5, and the purport of the whole pleadings

2. An appeal for subsequent completion;