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(영문) 의정부지방법원고양지원 2012.06.14 2012가합37
저작인접권 등 부존재확인
Text

1. The Defendant has the right to reproduce, distribute, lend, transmit, etc. musical works recorded in the Plaintiff’s attached list.

Reasons

1. Facts of recognition;

A. Since the Plaintiff paid the music record “B” around 1958, the Plaintiff is the number of persons who participated in the production of approximately 45 music by means of writing, writing, musical, musical, musical or direct singing or singing the said music, and the Defendant is a corporation established for the purpose of music management, etc.

B. From around 1968 to 1987, the Plaintiff sent each of the instant sound records via C, D, E, etc. (hereinafter “each of the instant sound records”). The “F” representative G invested the costs of producing the sound records by providing a recording room in the process of sending the sound records as above, and made the Plaintiff distribute and sell the produced sound records, and paid part of the Plaintiff taxes on the sold sound records.

C. Meanwhile, on July 10, 1993, G transferred all the rights, such as neighboring rights, to H with respect to all the music records that it produced to H. H on September 12, 1993, H transferred such rights to SK, and SK transferred its rights to the Defendant on August 1, 1996.

[Ground of Recognition] A without dispute, Gap evidence 1, 2, 5, Gap evidence 6-1, 2, Gap evidence 7, Gap evidence 12-3, 4, 5, 7 through 26, 32, 33, 37, 38, 39, Eul evidence 1, 2 and 3, Eul evidence 4-1, 2, Eul evidence 5 through 8, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted by the party concerned that the neighboring right holder is one of the parties concerned, that the plaintiff is the plaintiff, the plaintiff is the author, the author, and the Doard composed of the plaintiff directly connected the music records. The plaintiff directly created part of the above records, and the plaintiff selected the plaintiff as to the non-wind rice and created the Doard and then created the Doard, which is fit for the number of neighboring rights. In light of the above circumstances, the producer of each of the above records of this case as a producer of each of the above records of this case.

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