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(영문) 서울중앙지방법원 2016.01.22 2014가합14356
손해배상(지)
Text

1. The Plaintiff:

A. Defendant B’s KRW 30,000,000 and for this, KRW 5% per annum from November 11, 2013 to April 2, 2014.

Reasons

1. Basic facts

A. On March 17, 2003, the Plaintiff is a copyright trust management corporation that obtained a license for the trust management business regarding the neighboring rights of the phonogram producer from the Minister of Culture, Sports and Tourism. The Plaintiff is engaged in the management business of the reproduction, distribution, transmission, etc. of music records from the phonogram producer. (2) Defendant B runs the sales business of portable radio, etc. with the trade name of “E” in Jongno-gu Seoul Metropolitan Government D, and Defendant C runs the sales business of mobile radio, etc. with the trade name of “G” from the same Gu F.

B. 1) The Korean Copyright Organization Federation, an incorporated association, (hereinafter “Korea Copyright Organization Federation”) execute warrant against the Defendants.

(2) On October 24, 2013, the Ministry of Culture, Sports and Tourism requested the investigation of the Defendants by asserting that “No one is causing enormous damage to the copyright holders by illegally reproducing the sound source files and video files from the above E and G, and storing them in large quantity on a portable electronic archives storage medium, etc.” (2) The copyright protection department of the Ministry of Culture, Sports and Tourism and the special judicial police officers belonging to the Ministry of Culture, Sports and Tourism issued a warrant of seizure, search, and verification to the Defendants, and executed the warrant on November 11, 2013, in which the Defendant E, the business office of the Defendant B, issued a warrant of seizure, search, and verification, and recorded the SD Card 1,109 and the list of the sound source files, etc., in which the sound source files, etc. were stored, and seized 1,164 books, a book-book 603 and 65 SD cards.

4 As a result of analyzing the existence or absence of sound sources of sound records trusted by the Plaintiff with the management authority as above, the SDR, seized from Defendant B prior to the execution date of the above warrant, detected 797 items in the attached 1 sound source list in the Plaintiff’s trust before the execution date of the warrant, and the SDR cards seized from Defendant C, which were seized by the Plaintiff before the execution date of the above warrant, to the Plaintiff.

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