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1. The Defendants shall use the respective sound sources of No. 1 or No. 4 listed in the [Attachment 1], or produce CDs containing each of the above sound sources.
Reasons
1. Basic facts
A. The Plaintiff was a national musical person who had won a prize in the FFS from 2008 to 2008, and was able to be awarded a prize in the “G” TV program, which is the Korean Broadcasting System (KBS) TV program, in around 2008, and continued to hold a public performance by contributing to a large number of public frequency TV programs, etc. thereafter.
B. Defendant D is a person operating “I”, who is a sound record planning company in Chungcheongnam-nam Budget Group H, and Defendant E is a writers.
C. On July 2009, the Plaintiff became aware of the Defendants through the Defendants at the “J”, thereby singing in line with “K, L, M” and “N” to reflect the same.
around April 2010, the Defendants produced CDs (hereinafter referred to as the “instant CDs”) containing each of the sound sources listed in the attached Table 1 (hereinafter referred to as the “each of the sound sources of this case in case where they are referred to as the “each of the sound sources of this case”), including the above 4 items (attached Nos. 1 to 4) set by the Plaintiff through the “J”, “O”, etc. at their own expense, and each of the sound sources set forth in the attached Table 1 (attached Nos. 5 through 8), including each of the sound sources set forth therein (hereinafter referred to as “each of the sound sources of this case”). The CD of this case is written as the “P”, and the Plaintiff’s photograph (hereinafter referred to as “the pictures of this case”) as shown in the attached Table 2 on the front and back of the CDs of this case are written as the CD sign.
E. After that, on April 19, 2012, the Defendants trusted the right to each of the instant sound sources to the Korea Music Association, an incorporated association, and on April 26, 2012, registered each of the instant sound sources with the right holders as “I (D).”
[Reasons for Recognition] : Each entry in Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, 7, 9 (including each number, if any) and the purport of the whole pleadings, and the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. Each of the sound sources of this case is the Plaintiff’s work. The Defendants used the pictures of this case including each of the sound sources of this case and the Plaintiff’s portrait without the Plaintiff’s permission.