(영문) 서울남부지방법원 2016.02.24 2014가단61276

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(영문) 서울남부지방법원 2016.02.24 2014가단61276

손해배상(기)

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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 entered into a music copyright trust agreement with the Defendant on June 12, 200, and on June 20, 2003, the Plaintiff registered the Defendant 8 in total by writing, arranging, and arranging the music records of “D” as a supplement to the novel “B” in the name of “B.”

The above theory of “B” sold approximately 4 million rights, but the Defendant neglected to manage the Plaintiff’s musical work used in the theory of “B” and did not receive at all the copyright fees for the said copyrighted work up to now.

Therefore, the defendant is liable to the plaintiff for damages caused by default or tort under the trust contract of this case.

As such, the plaintiff seeks payment of KRW 20,000,100 as part of the damages caused by this.

2. Although the Defendant, as a trustee of a musical work, has the right and duty to manage a work entrusted to him/her, it is difficult to view that the Defendant has a duty to verify whether the musical copyright infringement has been infringed and to collect damages equivalent to the copyright fee or copyright fee, even though the Defendant has a duty to verify whether the musical copyright infringement has been committed, with respect to “dives” contained in a general book that is not a music book or a “dives CD provided by a copy” or “dives

I would like to say.

As to the case of this case, on June 12, 200, the Plaintiff entrusted the Defendant with the copyright, which the Plaintiff had possessed at the time, and the Defendant entered into a copyright trust agreement (hereinafter “instant trust agreement”) under which the Plaintiff would manage the copyright trusted on behalf of the Plaintiff and distribute the royalty, etc. accruing therefrom to the Plaintiff. ② Around June 20, 2003, the Plaintiff 7 mal, such as “B” in the book of “B” (hereinafter “instant book”) in the appendixix of the book of “B” published by the book of “B” (hereinafter “the book of this case”).

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