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

A. The Plaintiff is a company that produces art works, such as paintings, photographs, characters, and paintings, and photographic works, and provides services through the online site (hereinafter “instant site”) called Aclckart.co., and the Defendant is a person who has operated the food service in the trade name “B”.

B. The Plaintiff produced the instant design and published it on the instant website on November 29, 2004.

C. The Defendant applied for a trademark similar to the design of this case (hereinafter “Defendant trademark”) on the C date and registered the trademark on the D date as follows.

Defendant trademark design of this case

D. The Plaintiff raised an issue that the Defendant’s trademark infringed on the copyright of the instant design, and the Defendant, upon the issue of the Defendant’s trademark, suspended the use of the trademark and engages in the business of mutual recognition as “E” on March 7, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, Eul evidence No. 2 (including branch numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment as to the plaintiff

A. The gist of the Plaintiff’s assertion asserts that the Plaintiff is obliged to pay to the Plaintiff the total amount of KRW 11 million for damages incurred from the infringement of author’s property rights and the infringement of author’s moral rights, as the Plaintiff’s design of this case and the Defendant’s trademark are recognized as actual similarity, gender, and the Defendant’s intentional intent or negligence. Therefore, the Defendant asserts that the Plaintiff is obligated to pay to the Plaintiff the amount of KRW 10 million for damages incurred from infringement of author’s property rights

B. Determination 1-related legal principles infringe the right of reproduction if another person’s work is reproduced without permission. In this case, even if the work is modified, increased or decreased, or modified without reproducing the original form of the work, it should be viewed as a reproduction if it is to the extent that the new creativity is not added.

In addition, the copyright law protects human thoughts and emotions.