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(영문) 서울고등법원 2014.12.04 2014나25308
손해배상(기)
Text

All appeals filed by both the plaintiff and the defendant are dismissed.

Expenses for appeal shall be borne individually by each person.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The summary of the case is the case where the Plaintiff seeks payment of KRW 492 million as compensation based on tort and its delay damages by asserting that the Plaintiff, without the Plaintiff’s permission, compiled the video works produced by the Plaintiff against the Defendant, and used them as the Defendant’s advertising image, infringed the Plaintiff’s author’s property right (right of reproduction, public transmission, distribution, and right to create derivative works) concerning the video works.

The judgment of the court of first instance accepted some of the plaintiff's claims (30 million won and damages for delay) and dismissed the remaining claims, and the plaintiff and the defendant appealed against each part against which they lost.

2. The reasoning of the judgment of the court of first instance concerning this case is as follows. Even when considering the circumstances asserted by the plaintiff and the defendant in this court, the plaintiff and the defendant violated the plaintiff's property rights (right of reproduction, public transmission, and distribution) by allowing the defendant's employee to use a video recording recording of the plaintiff's video by negligence as the defendant's advertisement without the plaintiff's permission. The defendant is the employer who actually directs and supervises B, and is liable for damages in accordance with Article 756 of the Civil Act. It is difficult to reverse the judgment of the court of first instance that it is appropriate to set the amount of damages for infringement of author's property rights at KRW 30 million, as stated in the reasoning of the judgment of the court of first instance, except adding the judgment that it is difficult to reverse the judgment of the court of first instance that it is appropriate to set the amount of damages for infringement of author's property rights at KRW 420,

3. The part used in the judgment of the court of first instance

A. From January 10, 2012 to March 9, 2012, the term of the contract with the Yonhap News Co., Ltd. to the third five pages to “be used...” The Defendant’s publicity team entered into a contract with the Yonhap News Co., Ltd. for the term of the contract with the term of the contract from January 10, 2012 to March 8, 2012.

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