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(영문) 서울중앙지방법원 2016.01.13 2015나15275

손해배상

Text

1. The defendants' respective appeals and the plaintiff's incidental appeals are all dismissed.

2. Costs by an appeal and incidental appeal.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is as stated in Article 420 of the Civil Procedure Act, since the reasoning for the judgment of the court of first instance is the same as stated in paragraph 1 of the same Article.

2. According to the Plaintiff’s assertion, the Plaintiff’s assertion that the Plaintiff’s experience prior to the Plaintiff’s business was prepared by the persons engaged in the Plaintiff’s business and the Plaintiff’s copyright as a secondary copyrighted work of the draft of this case, which was published in the Plaintiff’s name. The Defendants followed the Defendant’s experience prior to the instant experience, which is the secondary copyrighted work of the same or similar type to the instant experience prior to the instant program, thereby infringing on

(1) In addition to the above assertion of infringement of author's property right, the plaintiff is also asserting a violation of the Unfair Competition Prevention Act or a tort under the Civil Act, but as seen below, the plaintiff's assertion of infringement of author's property right is not judged as to the assertion of infringement of author's property right under the Civil Act.

A. (1) In order to be protected under the Copyright Act, a work must be a creative production, so creativity is required as a requirement for the draft plan of this case and whether copyright was recognized prior to the experience of this case.

The term "originality" in this context means that it does not mean a complete originality, and it does not merely mean that it includes the expression of the author's own ideas or emotions, but it is sufficient to distinguish the other author's existing works from the original works of the author in order to meet such requirements.

(See Supreme Court Decision 2002Do446, Oct. 23, 2003). However, at least, certain works are not simply imitated of others, and the author is not the author.