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(영문) 서울고등법원 2016.06.02 2016나2005779
손해배상 등
Text

The plaintiff's appeal against the defendants is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance and its modification in this case are modified as follows, and except for addition as stated in paragraph (2), it is identical to the reasoning of the judgment of the court of first instance, thereby citing it as it is by the main sentence of Article 420 of the Civil Procedure

On the 7th page 12-15 of the first instance judgment, Defendant B’s storage of the file for the design of this case produced by the Plaintiff by stealing it without the Plaintiff’s permission and thereby infringing the Plaintiff’s author’s property rights and moral rights.” The Defendant B changed to the following grounds: “It is reasonable to deem that Defendant B, by stealing the file for the design design of this case produced by the Plaintiff, has infringed the Plaintiff’s right of reproduction, exhibition, and moral rights among the Plaintiff’s author’s property rights by using the file for the design design of this case without the Plaintiff’s permission.”

[Judgment] Of the 3,860,000 won stated in a written estimate, KRW 1,080,000 for block work is the cost for the goods to be used by the Plaintiff, and the remainder cost of KRW 2,780,00 for the actual construction work seems to be the cost to be incurred.

(A) Evidence No. 12 and the purport of the entire pleadings). Since the Plaintiff was exempted from the expenditure of the above amount by failing to take charge of the instant construction work, the above amount shall be deducted from the Plaintiff’s net income.

Therefore, the plaintiff's above assertion is without merit.

3. Accordingly, the judgment of the court of first instance in conclusion is just, and the plaintiff's appeal against the defendants is dismissed without merit, and the costs of appeal shall be borne by the plaintiff.

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