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(영문) 서울중앙지방법원 2015.09.11 2014가합504552
저작권침해정지 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the network E and the plaintiffs 1) The network E (hereinafter “the network”).

) The F Phonograms (hereinafter referred to as “F Phonograms”)

(B) The term “G music records” and “G music records” (hereinafter referred to as “G music records”) and the term “each of the instant music records” in the case of referring to the above two music records.

(2) Each sound source listed in the separate sheet 1 (hereinafter referred to as “each sound source of this case”)

(2) The Deceased died on February 14, 2008, and his heir was the Plaintiff A and the Plaintiff B, the spouse of which was the Plaintiff.

B. The Defendants’ status 1) In the case of Defendant Universal Museum Co., Ltd. (hereinafter “Co., Ltd.”), the name of “Co., Ltd.” is omitted.

(2) Defendant C is a legal entity that has completed the registration of incorporation on April 6, 1990 for the purpose of selling and distributing sound products and sound and image software, etc. The purpose of which is to plan, produce, wholesale and retail business, etc. of sound records and publications, and Defendant D is a person who is working as the representative director of Defendant C.

C. 1) On October 11, 1999, the Deceased established H with the purpose of planning and producing music records and publications at KRW 50,000,000 as capital, and around 2002 and around 2003, the Deceased’s representative director was sold each of the instant music records. 2) From around 2005 to September 8, 2006, the Deceased requested Defendant D, etc. to make an investment as indicated in the table below. Based on this, the Deceased’s investment was induced on September 11, 2006 to increase its capital to KRW 200,000,000, and the trade name of the existing H was changed to “C”) and thereafter, the Deceased held office as the representative director of the Defendant C, the Deceased, the Deceased, and each of Defendant CJ held office as a director of each of the Defendant D’s representative directors.

The name amount (won) E 14,000,000 L 20,000 D 62,000,000 M 10,000,000 J 10,000 J 10,000,000 K 10,000 K 10,0000,000 I 20,000,0000, and Defendant C grants Defendant C the right to act as an agent for the sale of the F Phonograms between theO on April 14, 2004.

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