beta
(영문) 서울중앙지방법원 2012.02.10 2011가합70768

손해배상

Text

1. The Defendant shall pay to the Plaintiff KRW 21,672,752 and the interest rate of KRW 20% per annum from January 1, 2012 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff completed a music university in the U.S. around 1997, and participated in the production of approximately 250 musical works, and approximately 40 musical works in the production of music records. 2) The Defendant, on September 1994, has been engaged in active activities in the field of production of music works, music works, and music records until now.

B. Plaintiff’s musical work 1) The Plaintiff: (a) around 2003, EMI’s 2 house music records (No. D: hereinafter “instant music records”) belonging to Korea (EMI Korea).

(2) The Plaintiff participated in the production as a producer and took charge of writing, musical work of the title “E” (hereinafter “Plaintiff’s musical work”) among the sound recorded in the instant sound recording. 2) The Plaintiff took charge of writing, musical work of the title “E” (hereinafter “the Plaintiff’s musical work”).

3) From around 2005, the sound records of this case have been continuously distributed through the sound source provision sites, such as the sound records market and so far from around 2005, the sound records of this case have been exposed to considerable amount of time through broadcast media, such as KSS (KS), SS (SBS), MBC (MBC), and cable Telecommunication (CAS). C. Defendant musical works 1) from KS2 TV to KS2 TV to 28 January 2011, 201, the original musical records of d'd', “F,” which were broadcasted between KR2 TV and 28 February 201, 201, were recorded in the copyrighted musical works of “G” (hereinafter referred to as “Defendant musical works”).

2) On February 11, 2011, the cover of the above musical work containing the Defendant stated that the Defendant was in charge of the said musical work’s musical work’s musical work’s musical work’s musical work’s musical work’s musical work’s musical work’s musical work’s musical work’s musical work’s musical work’s musical work’s distribution is discontinued, and the Plaintiff sent to the Defendant a written notice demanding that the Plaintiff be subject to disclosure.

2. The defendant on February 15, 201.