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(영문) 서울고등법원 2016.12.22 2015나2057513
손해배상(지)
Text

1. The judgment of the court of first instance is modified as follows.

The Plaintiff, Defendant B, and Defendant C are jointly and severally liable for 66.

Reasons

1. The court's explanation in this part of the facts of recognition is the same as the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420

2. Occurrence of liability for damages;

A. The Plaintiff’s assertion (i.e., the first infringement of author’s property right (the first infringement) before August 11, 2008 agreed that the amount of damages compensation for the first infringement between the Plaintiff and the Plaintiff shall be KRW 28 million, and that the amount of damages compensation for the second infringement shall be paid twice as much as the amount of damages compensation if the infringement was committed in the future.

Nevertheless, since the above Defendants committed illegal reproductions after the formation of the agreement, they are liable to compensate for damages in accordance with the agreement.

On the other hand, even if Defendant C and D are not parties to the above agreement, they are liable to compensate for damages under Article 395 of the Commercial Act.

The part of the infringement of author's property rights (the second infringement) since August 12, 2008 infringed on the author's property rights (the second infringement), Defendant B and E are liable for damages as joint tortfeasor.

Defendant C, D, and F also are liable as joint tortfeasor by distributing articles infringing author's property rights, or as the employer of Defendant B and E, or as the liability for damages under Articles 389(3) and 210 of the Commercial Act.

B. 1) The reasoning for this Court’s explanation is as stated in this part of the author’s property right of the instant video work is as follows: (a) Defendant B and Defendant B did not transfer and repeat the Plaintiff the right to the sales of the instant video work in 56 and the right to the sales of the instant video work in 56 as compensation for the first infringement; (b) the Plaintiff did not bear civil and criminal liability for the first infringement if the Defendant fulfilled all the commitments related to compensation, but did not take over the content of the agreement.

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