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1. The judgment of the court of first instance is modified as follows.
2. Defendant B shall set out in [Attachment] List 1 to 3.
Reasons
1. Grounds for the acceptance and alteration of the judgment of the court of first instance are stated, and the judgment of the court of first instance is among the judgment of the court of first instance, 16 to 12, 9.
5. Except for the dismissal of the judgment on the amount of damages as follows, this part of the judgment of the court of first instance is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
“A. The Plaintiff’s summary of the Plaintiff’s assertion is jointly and severally liable for damages arising from the infringement of the copyright related to the instant B production No. 1 program, Defendant B and D jointly liable for damages arising from the infringement of the copyright related to the instant production No. 2 program, and Defendant B and E are liable for damages arising from the infringement of the copyright related to the instant production No. 2 program, and Defendant B and E shall be liable for damages arising from the infringement of the instant production No. 3 program. As for the damages to Defendant B, the amount of profits obtained by the infringement of the instant production No. 125(1) of the Copyright Act or ordinary usage fees under Article 125(2) of the Copyright Act are claimed by the Defendant C and D according to Article 125(1) of the Copyright Act.
In addition, the Defendants asserts that the benefits obtained by each of the above infringement actions are KRW 33 million per each of the production programs of this case.
In addition, in criminal proceedings, in order to clarify the defendants' violation of the Copyright Act, the Korea Copyright Commission applied for appraisal, and the appraisal cost of KRW 4,321,760 should be included in the amount of damages.
B. Defendant B and C are directly or indirectly involved in the production, sale, and use of the instant B production program. Accordingly, Defendant B and D jointly share the profit accrued to the Defendants. Defendant B and D are directly or indirectly engaged in the production, sale, and use of the instant production program.