The plaintiff's appeal against the defendants is dismissed in entirety.

The costs of lawsuit after appeal shall be borne by the plaintiff.

1. The summary of the case and the facts premised on the case

A. The summary of the case is that the Plaintiff, who created a script of musical AA, sought a prohibition of infringement and compensation for damages (a joint and several liability against the Defendants for KRW 120 million, KRW 12,000,000, KRW 314,084,320, KRW 320, and KRW 200,000 against Defendant AB, jointly and severally against the Defendants) by asserting that the Plaintiff infringed the Plaintiff’s copyright (author’s moral right, such as the right of reproduction, secondary copyrighted work creation, and public transmission right) on the Plaintiff’s musical part, or that the Plaintiff’s copyright (author’s moral right, such as the right of reproduction, secondary copyrighted work creation, and public transmission right) was committed against the Defendants.

The judgment of the first instance rejected all the plaintiff's claim against the defendants on the ground that it is difficult to recognize that the defendants had access to the plaintiff's musical part, and that there is no substantial similarity between the two works.

Accordingly, the Plaintiff filed an appeal against part of the Plaintiff. Before the remanding, this Court accepted part of the Plaintiff’s claim against the Defendants on the ground that the Defendants had access to the Plaintiff’s musical part, and there was substantial similarity between two copyrighted works.

Therefore, the Defendants appealed against the part against which they lost and filed an appeal, and the Supreme Court is difficult to recognize that the Defendants had access to the Plaintiff’s musical part, and the Supreme Court reversed the judgment of the court prior to the remanding on the grounds that there is no significant similarity between the two works.

However, since only the defendants appealed against the judgment of the court before remand and filed an appeal, the part against the plaintiff in this court before remanding is transferred to the court of final appeal, but it is not included in the scope of the judgment of the court of final appeal but decided separately by the decision of the Supreme Court.