(영문) 서울중앙지방법원 2018.11.16 2017나84183

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.11.16 2017나84183

손해배상(지)

Text

1. Of the judgment of the court of first instance, the payment to the defendant exceeds the part ordering the payment below to the plaintiff.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the case where the written judgment of the court of first instance is dismissed as set forth in paragraph (2). Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil

2. As to the part of the first instance judgment, Article 33 of the "Article 33" of the first instance judgment shall be deemed to be "Article 33 (1)", and the "sale quantity of a certification device" of the third and fourth conduct shall be deemed to be "sale quantity".

Part 3 through 6 shall be deleted from the text of the first instance judgment.

In the fourth sentence of the first instance judgment, the term “Incheon District Court 2014No3538” in the fourth sentence of the first instance judgment is deemed to read “In Mancheon District Court 2014No3538,” and the term “Supreme Court 2015Do3352” to read “Supreme Court 2015Do3352”.

In the last sentence of the first instance judgment, the term "the scope of compensation for damage" in the last sentence is as follows:

“The extent of compensation for damages.” Buyer EF G HH H G G G G G G H H K L 45,548,187 280 1,938,0326,042 13,354 753,120,250 86,250 1) the Plaintiff entered into a contract with C for the use of musical works and collected usage fees for the reproduction and distribution of copyrighted works in accordance with the method of calculating royalties for the use of copyrighted works under Article 33(1)1 of the Copyright Act (where the unit price per valley is less than five won, the said amount shall be equal to the amount that can be ordinarily entitled to the exercise of the right) x the amount of 56,06,50 won x 25050 won x 3050 won x 5050 won x 5050 won x 150 won x 5050 won x 550 won x 50

The sales volume claimed by the Plaintiff is 86,250 calculated by the Defendant taking into account the number of unauthorized Reproductions sold to E, F, G, H, I, J, K, L, and M. The specific details are as listed below, and the specific grounds for the calculation are as listed in the attached Table.

the following circumstances, which are acknowledged as a comprehensive consideration of the entry of No. 4 and the overall purport of the pleadings:

참조조문

-민사소송법 제420조

-저작권법 제125조

유사 판례

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-서울고등법원 2019.11.22 2019누35390

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