손해배상(지)
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.
1. Basic facts
A. The Plaintiff is a company that sells each smartphone case, protective films, etc. with the trade name of “verus.”
B. From March 2016, the Plaintiff created a web page of the “spgiren” brand pipe (hereinafter “Plaintiff’s web page”) in the Internet portal website from March 2016, and sold online the mobile tax book, such as smartphone case.
C. From May 9, 2016 to May 31, 2016, the Defendant created a “verus brand brand web page” (hereinafter “the Defendant’s web page”) in the above Gmarket and sold online, and created two copies of the Defendant’s web page by linking the Plaintiff’s image files (i) HTML file (ii) HTBBS file, and (iii) stys.cs.s.s.s. files with the Plaintiff’s image to link the Plaintiff’s web page.
(hereinafter) The Plaintiff’s two HTM file that the Defendant used without permission was “the file of this case” (based on recognition). 【No dispute exists, the purport of Gap evidence 1-2, Gap evidence 2-1, 2-2, Gap evidence 3-1, 2, Gap evidence 3-4, Gap evidence 5-1, 5-2, and the purport of the entire pleadings and arguments.
2. The parties' assertion and judgment
A. (1) The Plaintiff, by inserting three human resources of the Plaintiff Company, developed the instant file for six months. In developing the Plaintiff Company’s own files, the Plaintiff jquery.bxliers.js files, the Plaintiff revised the size or a container location and design based on the open source, and in developing the styles.cs file, the instant styles.cs file shall be written by inserting daily letters, etc., and the part of the brand that sets the image of the entire image of the web page (only rhy that the image is automatically and arbitrarily visible in the form of slot) and the part that sets up and controls images posted on the ra-ray.