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(영문) 서울고등법원 2015.08.20 2014나23203
손해배상(기)
Text

1. The part concerning the principal lawsuit in the judgment of the court of first instance shall be modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim).

Reasons

1. The scope of the trial in this Court is the principal suit, and the Plaintiff entered into a publication contract with the Defendant on the Korean language, English, Chinese, Chinese, and Japanese comprehensive information, and the publication of the exhibition room guide book with respect to the museum exhibits, which are the Defendant’s copyrighted works. The Defendant alleged that the Defendant incurred damages, such as sales failure, etc. by unfairly notifying the termination of the publication contract, and claimed for payment of KRW 1,336,462,131 and delay damages based on nonperformance.

On the other hand, the defendant, as a counterclaim, terminated the publishing contract on the ground that the plaintiff's foreign language board was made to be published and the plaintiff did not pay taxes under the publishing contract. The plaintiff sold the plaintiff's copyright without paying taxes, infringed the defendant's copyright even after the termination of the publishing contract, and issued at will, thereby causing losses by not paying translation fees under the publishing contract, and made and selling the plaintiff without permission even after the termination of the publishing contract. The plaintiff filed a petition with the Board of Audit and Inspection for an unfair audit against the defendant. Based on the defendant's copyright, the defendant claimed that the plaintiff damaged the defendant's reputation and filed a petition against the defendant for prohibition of infringement of copyright and its indirect enforcement, destruction of infringing articles, disposal of infringing articles, and attachment of stamp, compensation for damages caused by sale, compensation for damages caused by unfair request for damages and damages caused by defamation (the above materials).

The judgment of the court of first instance, among the defendant's counterclaim against the plaintiff, is 4,790 won (the sum of 790,250 won and 4,000,000 won due to the payment of translation fees for sale, such as prohibition of copyright infringement, request for destruction of infringing creations, and part of claim for damages (the amount of damages due to sale, such as non-entry of stamp).

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