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1. The plaintiff's appeal and the claims extended by this court are dismissed, respectively.
2. The costs of appeal and the claims in this court.
Reasons
1. Basic facts
A. around September 2005, the Plaintiff created a large volume of "C" for musical production (hereinafter referred to as "mhographic C") and performed some of the contents in D, the hotel Crmoma Crat show around September 2003, which was before the completion of the work, around December 2003, E, E, the F hotel G officers and employees around December 2004, and the performance was reported to the press.
B. H (hereinafter “H”) planning the drama as “C”, which led I and J to complete the dramatic part of the drama, and produced the drama and broadcasted two times a week from May 25, 2009 to December 22, 2010, respectively.
[Ground for recognition] Unsatisfy, entry of Eul evidence No. 6, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff created the Plaintiff’s musical script in 2005, which provided the Plaintiff’s substitute part in the course of receiving investment from the entertainment planning-related private KK (hereinafter “K”). The Defendant, who was the head of K Darma production headquarters, disclosed the said substitute part to the I and J, the author of the Darma “C”, who was the Plaintiff’s work, and I and J produced and aided the Plaintiff’s copyright by creating and broadcasting the theater of the Darma “C” on the basis of the said script as the Plaintiff’s work, and the Plaintiff’s C project was suspended.
Therefore, the Plaintiff claims compensation for damages under Article 125 of the Copyright Act or Article 750 of the Civil Act due to copyright infringement to the Defendant. Considering the amount of gains earned by the Defendant and the joint illegal actors by the Defendant’s act of outflow of the main part above, the Plaintiff suffered a property loss of at least KRW 290 million, and the Plaintiff is entitled to compensation for consolation money of at least KRW 10 million by suffering from an unreparable mental suffering. As such, the Plaintiff sought compensation for damages for KRW 30 million against the Defendant (the Plaintiff is in violation of the Copyright Act by the court of first instance).