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(영문) 서울고등법원 2017.06.15 2017나294
저작인접권부존재확인
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the counterclaim claim filed by this court are dismissed.

2. Costs of appeal.

Reasons

1. Basic facts

A. The Defendant’s respective records indicated in the [Attachment 1] List (hereinafter “the instant records”)

2) In the case of the seller, the seller, the seller, and the seller are as follows: (i) the seller, the seller, and the producer are as follows: (ii) the seller, the seller, and the producer are as follows: (iii) the seller, the seller, and the producer are as follows: (iv) the manufacturer, the seller, and the producer are as follows: (iv) the manufacturer, the seller, and the producer are as follows: (v) the seller, the seller, and the producer are as follows: (v) the seller, the seller, and the producer are as follows: (v) the seller, the seller, and the producer, and

3) In addition, the master tape (each master tape listed in attached Tables 1, 2, 3, 5, and 8) of the sound records listed in attached Tables 1, 2, 3, 5, and 8 of the sound records list as well as attached Tables 1, 2, 3, 5, and 8, were owned by the original D. (B) On July 6, 2002, the Defendant filed an application for registration of 7 sound records except for the sound records listed in attached Tables 5 among the instant sound records with the Korea Music Association.

2) Around January 18, 2007, D made the business registration of entertainment production, etc. with the trade name “B Q” as a joint business proprietor. Around February 9, 2007, the Defendant confirmed that the ownership of the instant music record was “B Q” (which means “F) between F and F on December 24, 2007, and comprehensively delegated F on February 9, 2007. The Defendant paid KRW 15,000,000 for the use of the neighboring rights, etc. of the instant music record without permission, and the Defendant decided to change the title of the instant music Copyright Association and the Defendant (BR)’s work (the instant music record) registered with the Korea Music Broadcasting Association by December 31, 2007 in the name of Q.

‘The Agreement(hereinafter referred to as 'the Agreement') will be the agreement of this case.

4) The Defendant paid a total of KRW 17 million to F from December 24, 2007 to March 20, 2008.

5 Meanwhile, F on January 15, 2008.

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