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(영문) 서울고등법원 2017.01.19 2016나2014780
손해배상(지)
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Basic facts

A. On March 17, 2003, the Plaintiff is a copyright trust management corporation with the permission of the Minister of Culture, Sports and Tourism to engage in the management of the reproduction, distribution, transmission, etc. of music records from the music record producer. (2) Defendant B runs the sales business of portable radio, etc. in the trade name of Jongno-gu Seoul Metropolitan Government “E”.

Defendant C runs a sale business of portable radio, etc. with the trade name “G” from the same Gu F.

B. On October 24, 2013, the Federation of Korea Copyright Organizations (hereinafter “Korea Copyright Organization”) filed a request with the Defendants for investigation by asserting that “the aforementioned E and G illegally reproduces the original files and video files, and distribute them in bulk on portable electronic records storage media, thereby causing enormous damage to copyright holders.” (ii) The copyright protection of the Ministry of Culture, Sports and Tourism and the special judicial police officers affiliated with the Ministry of Culture, Sports and Tourism issued a warrant of seizure, search, and verification against the Defendants, and executed the warrant at the E, which is the business office of Defendant B, and stored in the original files, etc., and seized 1,164 books and 60,54 books and 60,50 cards and 65 cards and 60,000 stored in the original files, etc. stored by Defendant C, which is the business office.

C. Defendant B and C stated to the effect that “The Plaintiff began to sell SDR cards, etc. which were illegally reproduced from March 2013, 2013.” Defendant B sold multiple SDR cards, which were illegally reproduced from March 11, 2014 to November 11, 2013, in the process of investigation into the violation, etc. of the Copyright Act.”

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