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(영문) 서울남부지방법원 2017.07.21 2016가합107326
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B’s KRW 44,00,000 and annual 5% from December 1, 2012 to August 16, 2016.

Reasons

1. Basic facts

A. Status 1 of the parties is as follows: the Plaintiff is D, E, and F (hereinafter “broadcasting 3 company”).

(2) The Defendant B, while serving as the Plaintiff’s director from around May 2009 to March 2012, concluded a contract to provide an integrated fashion with the film producers and a large number of domestic web site operators, provided the Plaintiff’s work, which is technical measures to prevent copyright holders from infringing on the copyright of copyright holders, such as broadcasting companies and film distributors. ② The copyright holders provided the Plaintiff’s work as a representative director, while holding office from around May 201 to around March 201, the Defendant B took overall control of the Plaintiff’s work on behalf of the Plaintiff. From around April 2012 to around November 2012, 2012, the Plaintiff was working as the representative director.

Defendant C is a person who was an actual owner or operator of the J Co., Ltd. (hereinafter referred to as the “J”) holding G, H, I, etc., a web sub-contractor.

B. On April 7, 2010, the Plaintiff entered into a contract for the provision of real-time multimedia content entertainment service using content-based search technology with J and provided the Plaintiff’s pening service on the web site “I” website operated by J. The above contract stipulates that in the case of music content among the pening service, the number of requests for search per month shall be paid up to 3 million won per month (excluding value-added tax), and upon the expiration of the above contract, the Plaintiff provided the uniting service by July 2, 2012.

2 The Plaintiff entered into a pening service contract with K and provided a pening service during the term of the contract.

C. Defendant B’s exemption from or non-claim 1’s writtening service fees, etc. from Defendant C.

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