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(영문) 서울중앙지방법원 2014.12.24 2014나29444
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates “B(C)”, which provides online content sharing services.

B. Around early 2012, the Defendant, the Korean Comics Association, and the Korea Creative Producers Association, which filed a criminal complaint against the Plaintiff and the Plaintiff’s representative director D in violation of the Copyright Act (Seoul Central District Prosecutors’ Office 2012 type 8440). On May 7, 2012, the public prosecutor in charge requested the complainant to attend several times against the complainants to verify the suspect’s criminal charges, but the complainants and the Defendant employees failed to comply with the request for attendance due to their agreement, and they failed to submit the data that the victims and the complainants were delegated by the copyright owner regarding the fact of the damage stated in the written complaint, and the complainants submitted the written withdrawal of the complaint for subsequent inventory.).

C. On September 25, 2012, the Plaintiff and the Defendant entered into an agreement to pay 30 million won of the agreed amount (hereinafter “instant agreement”) with the Plaintiff as “the purpose of smoothly resolving disputes regarding the secondary copyright and distribution damage of Japanese animation in Japan, which the Defendant holds” (hereinafter “instant agreement”). The details of the agreement are as follows.

Article 1 (Purpose of Agreement) The purpose of this Agreement is to pay to the defendant the agreed amount to compensate or compensate for damages to the second copyright infringement and distribution arising from the Internet services operated by the plaintiff, and to prevent the second copyright infringement and distribution damage for the future development of the distribution of animation online law.

Article 3 (Adjustment of Copyright and Payment Method before Conclusion of Agreement) (1) The plaintiff shall compensate the defendant for damages caused by the second infringement of copyright and distribution of contents until the conclusion of this Agreement and the conclusion of a contract for joint distribution of contents.

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