1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Judgment of the court of first instance No. 1.

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

A. The summary of the case is the case where the Plaintiff seeks to confirm that the neighboring rights of the phonogram producers related to A3, 5, and 5 flusing music records belong to the Plaintiff and that the neighboring rights belong to the Plaintiff. In addition, the Defendants sought reimbursement of unjust enrichment on the ground that the Plaintiff suffered damages equivalent to the same amount (the Defendant New Village, KRW 849,149, and KRW 716,856, as to Defendant B) and delayed payment on the ground that the Defendants suffered damages equivalent to the same amount without any legal cause.

The judgment of the first instance accepted all the claims against the Defendants by the Plaintiff, and the Defendants appealed against this.

(B) The Plaintiff’s claim for reimbursement of KRW 434,039 against the Defendant New Village and the delayed payment damages against the Defendant’s New Village by unjust enrichment is reduced. The Plaintiff’s claim is a preliminary claim for confirmation of neighboring rights against the Defendant’s New Village, which is a preliminary claim for confirmation of neighboring rights, and added a claim for declaration of intention to transfer the neighboring rights of the producer A5 PP as a producer of neighboring rights to the Defendant’s New Village.

【Evidence of Facts 【A-2, 3, 6, 5, and 7-1, 2-1, 1-5, 6, and 7-7 of A-1, and 1-5, 6, and 7 of A-1, as well as the overall purport of the arguments, the fact-finding results and the overall purport of arguments concerning the president of the Korea Music Organization, an incorporated association. (i) Since 1986, the Plaintiff announced the music records from 1986 to 5, and Defendant New Village is a company for the purpose of music record and sales, etc., and Defendant B is the representative director of the Plaintiff 1, 2, as the representative director of H of the Korea Music Co., Ltd. (hereinafter “D”) who has paid the music records.

⑵ 원고의 3집 음반에 관한 원반(마스터 음반)의 제작 ㈎ 원고는 1991. 12. 9. 원고의 3집 음반을 제작하여...