손해배상(지)
1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.
The defendant.
1. Facts of recognition;
A. The Plaintiff is a company that produces and sells images necessary for the advertisement. From around 2001 to 2008, the Plaintiff has produced or sold pictures such as attached Forms 1 to 4 (hereinafter “each of the instant pictures, etc.”) by photographing them.
B. The Defendant was a company established for the purpose of the website production, etc., and around 2014, posted each of the instant pictures, etc. at the time of manufacturing the website, such as sterilizationa, etc.
[Ground of recognition] Facts without dispute, entry of Gap 1 through 6 evidence (including paper numbers), the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion that each of the pictures of this case, etc. of this case, which is the plaintiff's work, infringed without permission, thereby causing damage to the plaintiff's total sales amount of 1.2 million won and additional damages of 2.4 million won (the amount of damage caused by the defendant's infringement of other users' copyright and posting the image of the illegally reproduced low quality on the Internet). Thus, the defendant is obligated to compensate for the above 3.6 million won.
B. The Defendant’s assertion was unaware of the existence of the copyright of each of the instant pictures, etc., and the Defendant posted the so-called image of Dozine, compressed by being not an original copy of each of the instant pictures, etc., and each of the instant pictures, etc. of this case is used in conformity with the fair practice within the reasonable scope in light of the fact that the Defendant acquired it through the search site rather than by itself as a creative production. Each of the instant pictures, etc. of this case is already widely distributed and used on the Internet. In particular, each of the instant pictures, etc. is an image purchased and used by the company specialized in the sale of the photographic works, and thus, it cannot be deemed that the Defendant
3. Determination as to the occurrence of liability for damages.