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

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. The Plaintiff is an individual entrepreneur operating “B” in the business of photographing and selling video pictures, and the Defendant is a company producing broadcast programs, advertising materials, etc.

B. Around December 2013, the Defendant requested the production of corporate promotional video works from 2013, and around that time, Nonparty C, a producer of the Defendant, inserted two video works (D, E, each of the instant video works; hereinafter “each of the instant video works”) recorded by the Plaintiff without the Plaintiff’s consent and used them without permission in producing the said video works.

C. Accordingly, C’s petition for formal trial with a summary order of KRW 1,000,000 issued by the Seoul Central District Court Decision 2018 High Court en banc Decision 2018 High Court Decision 2015Da1056, supra, is pending in a criminal trial by the same court.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition as the liability for damages, C shall be deemed to have infringed upon the Plaintiff’s copyright by inserting each of the instant video works held by the Plaintiff into the company promotional video works produced by the Defendant upon request from two Industrial Construction Co., Ltd. without the Plaintiff’s consent. Therefore, C’s employer company is liable to compensate the Plaintiff for damages caused by the Plaintiff’s tort of copyright infringement under Article 756 of the Civil Act.

B. (1) The Plaintiff asserts to the effect that the part of the property damage amounting to KRW 1,200,000 (60,000 x 2) should be paid for each of the instant video works, since the Plaintiff posted the terms and conditions of use, usage fees, etc. of each of the instant video works on its website and receives KRW 600,000 per each of the instant video works in the event of purchase of each of the instant video works.

2.3.