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(영문) 서울고등법원 2016.06.30 2015나2065019

손해배상(기)

Text

1. The principal lawsuit among the judgment of the first instance, including the Plaintiff’s claim for the principal lawsuit expanded and reduced in this court.

Reasons

1. The scope of the judgment of this court in the first instance court, on its own initiative, filed a claim for damages based on a tort according to the order of refusing to pay profits under the neighboring rights transfer contract or illegal profits to distributors such as the defendant's sound source. The defendant filed a claim for confirmation of whether the defendant own ownership or a counterclaim for the return of a promissory note. The first instance court accepted part of the plaintiff's claim, and dismissed the part of the claim for confirmation of the neighboring rights 1/2 shares in neighboring rights, and the part of the claim for confirmation of the related materials such as Alkkkk's photograph, among the defendant's counterclaim claim, and dismissed all of the defendant's remaining counterclaim claims.

Accordingly, among the part against the Defendant as to the principal lawsuit and the part against the Defendant as to the counterclaim, the part on the claim for confirmation of neighboring rights 1/2 shares in neighboring rights and the part on the claim for return of promissory notes. Accordingly, the subject of adjudication in this Court is limited to the part on the principal lawsuit and the part on the claim for confirmation of neighboring rights 1/2 shares in neighboring rights and the part on the claim for return of promissory notes among the counterclaim claims.

2. The grounds for the court’s explanation concerning this case, including the quoted of the judgment of the court of first instance, are as follows, except where the relevant part of the judgment of the court of first instance is used as follows, since the confirmation of neighboring rights and the reasons for the claim for return of promissory notes, among the main claim of the judgment of the court of first instance, are the same as that of the main claim of the judgment of the court of first instance

3. Parts to be dried;

A. From 3 pages below, the Defendant revised the following up to 2 pages from “the Defendant” to 3, and thereafter, the Defendant constitutes 1/2 of the amount calculated by deducting fees from the proceeds from neighboring rights from September 201 to May 2013, 201.