손해배상(지)
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts without dispute;
A. The Plaintiff is engaged in book publishing business with the trade name of “F” as a cartoon artist who works in the name of “E”.
Defendant B is a person who is engaged in book publishing business under the trade name of “G”, and Defendant C is a cartoon screen author who works in the name of “H” or “I”, and Defendant D is a cartoon story who works in the name of “J”.
B. On January 12, 2014, Defendant B published and sold each of the cartoons of this case according to an author’s property right transfer agreement entered into between Defendant C and D with respect to each of the cartoons of “L” (with the right of 1, 2, and 3; hereinafter “L”).
2. Summary of the plaintiff's assertion
A. The Plaintiff is the copyright holder of each of the cartoons of this case. The Defendants jointly infringed the Plaintiff’s copyright, published each of the cartoons, and published “L4” and infringed the Plaintiff’s right to create derivative works against each of the cartoons of this case.
(A) The Plaintiff asserts that each of the above cartoons belongs to the Plaintiff as an occupational work, or that the copyright is a joint work of the members of the “E”, and that the Plaintiff was transferred the author’s property right from them. Therefore, the Defendants are jointly liable to compensate for the damages incurred by the Plaintiff.
B. Even if the copyright holder of each cartoon of this case was Defendant C and D, the said Defendants, despite having transferred the author’s property right to the Plaintiff, committed a breach of trust and again transferred it to K, and Defendant B actively participated in the act of breach of trust by Defendant C and D.
Therefore, the defendants are jointly and severally liable to compensate the damages suffered by the plaintiff as joint tortfeasor.
C. Although Defendant C and D, the copyright holder of each cartoon of this case, granted the Plaintiff the exclusive right to use each cartoon, Defendant C and D, the copyright holder of each cartoon of this case, the publication of this right to Defendant B.