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(영문) 서울중앙지방법원 2015.09.02 2013가단5155012

손해배상(지)

Text

1. The Defendant amounting to KRW 10 million to the Plaintiff and the Plaintiff’s annual rate of 5% from February 1, 2014 to September 2, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff imported the epoio Ampima brand’s visibility (hereinafter “Ampima”) and sold through the Internet shopping mall site (www.bbmno.com). The Plaintiff has sold Albio’s visibility by editing the photographs and product explanations of the directly taken Albio and posting them on the said site.

B. The Defendant, with the trade name of “B”, posted a photograph and product description taken by the Plaintiff from October 2013 to February 2, 2014 on the Plaintiff’s website at the Plaintiff’s online shopping mall site and sold her visibility at its own site opened at No. 11, United Nations, Human Field, Auction, and 11.

(The plaintiff's photograph used by the defendant is about 266 pages for each shopping mall. hereinafter "the photograph of this case"). The plaintiff's photograph used by the defendant is about 266 pages for each shopping mall. The ground for recognition exists. The plaintiff's photograph of this case is without any dispute, and the purport of the whole statement and pleading of Gap's evidence

2. Determination on the claim for damages on the ground of infringement of copyright

A. The plaintiff asserts that the main point of the plaintiff's assertion is that the photograph of this case and the product description of this case constitute compilation works and thus protected under the Copyright Act, since the defendant, without permission, copied this case and used it for the sale of Almaty, thereby causing property damage to the plaintiff, the defendant is obligated to compensate the plaintiff for the damages suffered by the plaintiff

In this regard, the defendant asserted that the pictures of this case posted by the defendant are merely products taken for advertisement and sale of Almaman's visibility and do not constitute a photographic work protected under the Copyright Act, and that they do not constitute a compilation work.

(b)the selection of a person, the establishment of an instrument, the adjustment of light direction and quantity, and the setting of a camera, in order for photographs to constitute copyrighted works protected under the Copyright Act;

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