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(영문) 부산지방법원 2020.08.13 2019나63430

손해배상(지)

Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity engaged in the development and sale of letters, and the sponsor program called “C” (hereinafter “instant program”) developed and registered as a copyright holder, and the Defendant is a person who engages in the printing business in the name of D.

B. On February 2016 and June 2016, the Defendant produced and transmitted the E-General Social Welfare Center newsletters at the request of the E-General Social Welfare Center.

(c) above the E-General Social Welfare Center;

After receiving the PDF file from the Defendant, the Internet homepage posted the E-General Social Welfare Center newsletter (hereinafter “instant newsletter”) using the PDF file on the website, and the program of this case was used in the phrase “F” of the advertisement page published in the said newsletter (hereinafter “instant advertisement page”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. On February 2016 and June 2016, the Plaintiff entered the phrase “F” in the instant newsletter using the instant program without permission of the Plaintiff, a copyright holder. This constitutes an infringement of copyright against the Plaintiff, and thus, the Defendant is obligated to compensate for damages suffered by the Plaintiff due to the tort.

B. Around February 2016 and June 2016, the Defendant produced the E-General Social Welfare Center newsletter in the form of PDF file at the request of the E-General Social Welfare Center and transmitted it to the welfare center. However, there was no fact that the instant program was downloaded or used at the time of the production, and the phrase “F” within the advertising page is not written by the Defendant, but rather included in the above advertising page provided by the Defendant at the time of the production of the said newsletter in the E-General Social Welfare Center, or was sent by the E-General Social Welfare Center, and then different from the above file separately.