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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion created a substitute for the production of the musical journal of C in around 2005. The Plaintiff filed a lawsuit with E and F by asserting that D had plagiarism created the drama of G, and that it had plagiarismed its own script while broadcasting it. After the judgment of Seoul Southern District Court 2012Na17150, the appellate court, recognized that D et al. lawfully plagiarism was conducted in the absence of any misapprehension of legal principles, logical rules, or documentary evidence, but the Defendant tried as a Justice in the Supreme Court case No. 2013Da8984, which is the appellate court of final appeal on the instant case, and recognized that Article 432 of the Civil Procedure Act was not bound by the fact-finding of the Seoul High Court 2012Na17150, which is the appellate court.
The above determination is extremely exceptional, and the violation of Article 432 of the Civil Procedure Act is apparent, and the defendant had intention to do so.
2. The facts duly established by the lower court’s judgment are binding on the Re-appeal Court.
(Article 432 of the Civil Procedure Act. As such, the principle of free evaluation of evidence, which is declared by Article 202 of the Civil Procedure Act, refers to a dismissal from a formal and legal evidence rule, and does not allow a judge’s arbitrary judgment. Thus, a fact-finding court shall make a decision on the truth-finding in accordance with logical and empirical rules based on legitimate evidence that is admissible through legitimate evidence examination procedures, based on the ideology of social justice and equity
Although the fact-finding is within the exclusive jurisdiction of the fact-finding court, if the fact-finding goes beyond the bounds of the principle of free evaluation of evidence and thereby has affected the conclusion of the judgment, such judgment shall not be unlawful and binding by the court of final appeal.
Supreme Court Decision 82Meu317 Decided August 24, 1982 and Supreme Court Decision 26 May 26, 201.