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(영문) 서울중앙지방법원 2018.09.28 2017나79488

손해배상(지)

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1. Of the judgment of the court of first instance, payments are made in excess of the following part ordering the Plaintiff to pay.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a company that is established and operated for the main purpose of online education, work development, and distribution business, etc., and that is, as indicated in the [Attachment List, the instant copyrighted work” (hereinafter “instant copyrighted work”).

2) Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) (hereinafter “Defendant Co., Ltd.”) provides a web storage service (hereinafter “instant service”) that enables users to download, read, and edit file at the Internet site (hereinafter “instant site”) called “www.w.edisk.com”) that is established for the principal purpose of online information provision business, etc., by posting it on the Internet site of “Sengeng-gu” (hereinafter “instant site”) to enable other users to download file.

3) B, prior to the appointment of C on June 9, 2017, Defendant B, as the sole executive officer of the Defendant Company, directly executed the instant services provided by the Defendant Company. (b) The content, etc. of the instant copyrighted works, etc.) The instant copyrighted works, including determined B, contain images of lectures written by individualizing foreign languages, such as English, Japanese, Chinese, French, French, German, Spanish, Russian, Russian, Spanish, Spanish, Mali, Mali, Vietnam, Vietnam, Spanish, Spanish, Turkey, and Chinese characters, in accordance with the language-oriented phase or purpose of use.

2) The Plaintiff entered into a contract with an instructor agreement, which includes a provision that the Plaintiff owns the pertinent video class produced between most instructors, and all the copyrights therefrom, and prepared the contract. As to the films of the instructors (F, G, H, I, D, J, and K, the Plaintiff is indicated as the publisher of the relevant video class.

C. Request for the protection of the Plaintiff.