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(영문) 서울고등법원 2018.03.15 2017나2051465

손해배상 등 청구의 소

Text

1. Of the judgment of the court of first instance, the defendants who exceed the following order to pay the plaintiff A.

Reasons

In the first instance trial, the Plaintiffs filed a claim against Defendant C (hereinafter “Defendant C”) for damages due to the failure to report and concealment of the Plaintiff Company (hereinafter “Defendant C”) on October 201 and November 1, 201, ② a claim for royalties related to K, ③ a claim for royalties related to the unpaid portion of the Defendant C, ④ a claim for royalties due to Defendant C’s failure to report and concealment.

The first instance court accepted the remainder of the claim except for the royalty claim against the unpaid portion of Defendant C’s proof and dismissed the royalty claim against the unpaid portion of Defendant C.

Since only the Defendants filed an appeal against the part against which they lost, the subject matter of the judgment of this court was ① 1 October 201 and 11., ② K-related royalty claims, ③ Defendant C’s royalty failure to report and concealment, and Defendant C’s royalty claims were excluded from the subject matter of the judgment of the court.

Basic Facts

Plaintiff A (hereinafter referred to as “Plaintiff A”) is the copyright holder of character, such as E, and Plaintiff B (hereinafter referred to as “Plaintiff B”) is a company that vicariously performs licensing work in the Republic of Korea on behalf of Plaintiff A.

On February 4, 2017, Defendant D filed an application for commencing rehabilitation procedures with Suwon District Court 2017dan1001, which decided to discontinue rehabilitation procedures on March 16, 2017, but decided to discontinue rehabilitation procedures on January 15, 2018.

In order to manufacture character products, the FG was originally changed from the "FGAB" to the "FAB" on April 7, 200, and the amendment was made on February 2, 2010 to the "FAB", and the merger was made on October 24, 2000. On December 5, 2011, after filing an application for rehabilitation procedures with the Seoul Central District Court 201hap172 on December 22, 201, after receiving a decision to commence rehabilitation procedures from the said court on December 22, 201, the decision to revise the rehabilitation plan on July 26, 201, the rehabilitation plan for rehabilitation plans and the authorization for rehabilitation plan on September 15, 2012.