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(영문) 인천지방법원 2019.08.14 2017가단226765
손해배상(기)
Text

1. The Defendants jointly share KRW 5,840,00 with respect to the Plaintiff and KRW 5% per annum from September 28, 2017 to August 14, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff was registered under the trade name of D, which is a type arts artist who made a construction using a V and a width, or a spatial sculpture and whose members are DNA groups organized and represented by DNA groups.

The defendant Incheon Facilities Corporation (hereinafter referred to as the "Defendant Corporation") is managing and operating public facilities, including E (hereinafter referred to as the "E"), etc. entrusted by Incheon Metropolitan City.

Defendant B and C are the parents of F (G).

B. The Plaintiff produced a sculpture of the title “H” (hereinafter “instant work”).

The above works are the form of fixing a structure using a V and width (e.g., Grandmark, etc. in the relevant area) above the Asian map, which is the bottom of the entire works, in a separate way, and is the size of 6m wide and 8m long.

C. On September 2013, Incheon Metropolitan City exhibited the instant work to J for one week for the purpose of promoting I, and thereafter, during the first period, the work was exhibited to the said place from September 19, 2014 to October 4, 2014.

Upon completion of I, from October 2014, the Plaintiff and Defendant Corporation transferred the instant work to the second floor holes E, and Defendant Corporation transferred the said work to the first floor hole E with the Plaintiff’s consent from August 2015.

E. On May 21, 2016, the Labor Union Co., Ltd. (hereinafter “K Trade Union”) committed a sports event in E at around May 21, 2016, “the primary destruction of the instant work by the children of the Trade Union members” (hereinafter “the instant work”).

) The Plaintiff occurred. After consultation with the K trade union on compensation, the Plaintiff performed the restoration of the instant work that was destroyed after receiving compensation from the trade union. The Plaintiff completed all the production of a sculpture comprised of V and width, and was in front of the placement of a sculpture (the Plaintiff recovered at a rate of 90% or more).

(f) The instant works are above.

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