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(영문) 서울동부지방법원 2014.08.13 2013가합15553

손해배상(지)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of premise;

A. The Plaintiff, a company engaged in the printing business, publishing business, etc., introduced an online printing system that directly orders the printing of printed materials that the Plaintiff wants to have access to the Plaintiff’s website and set the printing volume on the Plaintiff’s website, and produced a work download, such as the entry of the Plaintiff’s work material list, and posted it on the Plaintiff’s website in order to prevent printing accidents, such as duplicating price, etc. in the printing process.

B. Defendant A Co., Ltd. (hereinafter “Defendant Company”) was a company engaging in printing business, publishing business, etc., and the online printing system was introduced in order to prevent printing accidents, such as duplicating price, etc. in the printing process, and produced work duplic (hereinafter “defendants’ work duplic”) as indicated in the attached list of work articles of the Defendants, and posted them on the Defendant Company’s website.

C. Defendant B is the representative director of the Defendant Company.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3, 6, 9 through 14, and the purport of the whole pleadings

2. Main claim (compensation for damage caused by infringement of copyright);

A. The Plaintiff’s assertion royalty constitutes a work produced by using the Plaintiff’s original expression so that customers can easily understand various matters of attention in the process of ordering online, based on the Plaintiff’s experience in printing business.

In addition, the plaintiff's work guide is selected and arranged for each program and printing process to be used by customers to prevent printing accidents, and is creative in terms of the selective arrangement of the materials, so it also constitutes compilation works.

However, the Defendants imitated the Plaintiff’s work guide as it is, produced the Defendants’ work guide, and Defendant.