A. The plaintiff graduated from the author of the Gyeyang-gu University, and then his musical name, film insertion, and summary

As the author who wrods the Plaintiff’s sound, there are “B” and “C”, and among them, “C” (hereinafter “instant musical group”) had been performing more than 2,00 times from 202 to 2,00 times.

B. The Defendant planning, manufacturing, and performing the instant musical activities in which the Plaintiff’s flusent grains were inserted, as an incorporated association whose business objective is the public enlightenment activities through musical or other performing culture, the national interest activities through the production of video works, etc.

C. In around the end of 2011, the Plaintiff, upon receiving a request from the Defendant for writing the instant musical work to be used in the instant musical work (hereinafter “instant musical work”), did not receive a separate copyright fee in addition to the Plaintiff’s performance of approximately KRW 200,000,000 from the Defendant for a performance of approximately KRW 2,000,000.

Accordingly, the Plaintiff demanded the Defendant to accurately conclude a contract on the royalty, and the Defendant demanded the payment of the royalty, but the Defendant has not entered into a contract for two years and has not paid the royalty up to now, and the royalty for the performance of 2,000s is at least KRW 40,000.

E. As such, the Defendant, while performing the instant musical work by using it in the instant musical property, has infringed the Plaintiff’s copyright by continuously using the instant musical work without paying the Plaintiff the price for the use thereof at all, is liable to pay the Plaintiff KRW 40,000,000 as part of the damages, and damages for delay thereof.

[Ground of recognition] The descriptions of Gap evidence Nos. 1 through 10, witness D's testimony, the purport of the whole pleadings

2. Applicable provisions;

A. Article 208(3) of the Civil Procedure Act