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(영문) 서울중앙지방법원 2015.05.07 2014가합528770

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. It is recognized that the following facts are comprehensively taken into account the descriptions of Gap evidence Nos. 1 to 3, 7, 8, 11 to 55 (including each number in the case of additional numbers), Eul evidence Nos. 6 and 7, and the purport of the whole pleadings.

From around 1998, the Plaintiff run online insurance business through the website of “C” (hereinafter “Plaintiff’s website”), and published the same content as the Plaintiff’s content in attached Table 1 (hereinafter “Plaintiff’s content”) on the Plaintiff’s website.

Defendant Insurancenet Co., Ltd. (hereinafter “Defendant Insurancenet”) has carried on online insurance business through the website called “www.○om.” (hereinafter “Defendant’s website”). The Defendant’s website posted the same content as that indicated in the [Attachment 2] list (hereinafter “Defendant’s content”).

From September 26, 2005 to August 4, 2009, Defendant B worked for the Plaintiff Company, and was separated from the Defendant’s insurance net and produced part of the Defendant’s content.

On July 1, 2011, 201, at least before the lawsuit was filed, KS marketing &com Co., Ltd. (hereinafter “EM”) purchased online insurance business from the Defendant’s insurance net to the Defendant’s website, along with the Defendant’s website.

On December 2011, the Plaintiff filed a criminal complaint against the Defendant’s violation of the Copyright Act, on the grounds that the Plaintiff’s EM marketing was “the Plaintiff illegally reproduced the Plaintiff’s content and posted it on the Defendant’s website.” On April 2012, EM marketing suspended the posting of the Defendant’s content on the Defendant’s website.

EM marketing divided a part of February 1, 2013, and divided and divided the business sector of the instant insurance business into Defendant M&A service corporation (hereinafter “Defendant M&A service”), instead of distinguishing EM marketing and Defendant M&A service corporation (hereinafter “Defendant M&A service”).

On the other hand, the remainder of the divided business sector is Espack. 4 February 2013.

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