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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a music copyright trust manager, and the Defendant is the organizer of the 2012 Mine Stwit Stwit Stwit (hereinafter “instant event”), and the Organizing Committee and its assistant intervenor is the person in charge of the instant event. B. The Defendant established the “2012 Mine Stwit Organizing Committee” to hold the instant event during the period of the EXPO 2012 EXPO. The Organizing Committee selected the Defendant as a service agent to act on behalf of the said event through a public announcement of tender, and concluded the instant agency contract between the Defendant, the Organizing Committee, and the Defendant’s Intervenor.
C. The Intervenor joining the Defendant, without the approval of the Organizing Committee as stipulated in the event agency contract, subcontracted the instant event to Nowon-gu Communications (hereinafter referred to as Nowon-gu only), in a lump sum, and ordered Nowon-gu to exercise overall control and planning of the instant event.
[Ground of Recognition] Unsatisfy, Gap evidence 1 to 8, Eul evidence 1, 2 and 4
2. Determination as to the cause of action
A. The gist of the Plaintiff’s assertion was that 19 items, such as “ARIVIVTOHL,” etc., managed by the Plaintiff in trust on the Karma (hereinafter “the instant performance”) held in the instant event, were used without the Plaintiff’s permission. The Defendant, the organizer of the instant performance, is jointly and severally obligated to pay KRW 5,098,310 [the sales amount = 563,536,00 x 1% x 1% x 90.47% (a trust management 19 / total 21 %) of the management rate.
B. As seen earlier, the fact that the Defendant hosted the instant event is recognized, as seen earlier.
However, considering the following circumstances acknowledged in addition to the purport of the entire evidence presented above, the Defendant used the trust work without permission.
The Intervenor joining the Defendant who performed the instant performance on behalf of the Defendant.