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(영문) 서울고등법원 2015.12.17 2014나51109
제명처분무효확인 등
Text

All appeals filed by both the plaintiff and the defendant are dismissed.

The plaintiff's claim added by this court is dismissed.

An appeal.

Reasons

1. The reasons for the court’s explanation concerning this case, such as the acceptance of the judgment of the court of first instance, are as follows 2. The corresponding part of the judgment of the court of first instance is modified as stated in the following 3. This court’s explanation is the same as the reasoning of the judgment of the court of first instance, except for the plaintiff’s additional claim and the defendant’s argument added by this court to the judgment of the following

2. Parts to be dried;

(a) Change “B” of the following 3 categories to “B” which is a member of the Defendant

B. From August 2012 to August 3, 2012, the part of the 3th 1st 1st 3th 3th 3th 3th 3th am was revised as follows, but there was a dispute between the intervenor and B regarding the cancellation of the contract for writing and use of the text of the broadcast to the instant drama (hereinafter “instant writing contract”). Accordingly, B performed the instant writing contract to the intervenor through the attorney on September 7, 2012 through the attorney, and the instant prior works are protected under the Copyright Act, and are protected under the Copyright Act, so it does not unfairly use the instant prior works by a third party, but if violated, it was notified that he will hold the civil liability under the Copyright Act.

After that, the Intervenor rescinded the instant writing contract between B around October 2010 on the ground that it is difficult to broadcast the film after the completion of the script.

(c) to 3 pages 4 up to 3 pages 6 from 3 pages 2 to 3 pages 6, the amendment to the following:

B. The Intervenor to the Plaintiff Company C rescinded the writing contract with the commission of the Plaintiff, and the Plaintiff Company C commissioned the Plaintiff to write the instant drama.

5. Change of 4 pages “B 1, 3 through 11” to “B 1 through 11”

E. The 5th page 14 portion was not modified as follows, and the Copyright Infringement Investigation Committee also has the rights and interests of B in disputes between B and manufacturers.

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