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(영문) 서울중앙지방법원 2016.10.14 2016가합503997

손해배상(지)

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, from June 2014, manufactured and sold the Plaintiff’s products, started to manufacture and sell screen flaps and their packaging containers, and screen blaps, which appear in a brue color (gold or yellow, etc.) at the stage of flaging in a flag, from around June 2014. The Plaintiff’s products listed in the list (attached Form 1) of the Plaintiff’s product column in [attached Form 1] and each product listed in the list (attached Form 4) of the Plaintiff’s product in the list (attached Form 1), refers to screen flapsing products, and [attached Form 4] products are referred to as screen flapsing products, and all of them are referred to as “Plaintiff’s products.”

B. The Defendant manufacturing and selling the Defendant’s product is manufacturing and selling the product column in [Attachment 1] list and [Attachment 2 and 3] list of each product listed in the list (attached Form 1] (attached Form 2); the product listed in the Defendant’s product column in the list (attached Form 2); the product listed in the list (attached Form 3) is the package container of the above B product; the product listed in the list (attached Form 3) is referred to as C, and all of them are combined, and operates the Internet site listed in [Attachment 5].

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 33 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. On the grounds delineated below the Plaintiff’s assertion, the same judgment as the purport of the claim is sought.

The Plaintiff’s product constitutes a work of applied art as prescribed by Article 2 subparag. 15 of the Copyright Act. The Defendant’s product is cut off the color part of the Plaintiff’s product based on the color, such as the screen screen, red, yellow, gold and yellow yellow, and takes a method of clearly expressing the view of the name address, such as the travel site. The Defendant’s product expresses the view by viewing the surrounding environment, such as the building, etc. with the long distance.