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

Purport of claim and appeal

1..

A. From around 1997, the Plaintiff is a company that directly produces works of art and photographs, such as paintings, photographs, characters, and paintings, and engages in the business of directly manufacturing them or rendering services in the Plaintiff’s possession, through the homepage C.

B. The Plaintiff’s employees produced a list such as the left-hand picture on the left-hand side (hereinafter “the instant work”) through a subdivision, and publicly announced it through C’s website.

C. The Defendant, who is engaged in the design business, produced a trademark in the same form as the right-hand picture (hereinafter “instant trademark”) using the instant copyrighted work upon the request of D to create and deliver the trademark design related to the restaurant, and D applied for the trademark of this case to the Korean Intellectual Property Office on the date of E, and registered the said trademark.

On July 2017, the Plaintiff discovered that the instant copyrighted work was used for the trademark of this case.

【Ground of recognition】 The fact that there has been no dispute, entries and videos of Gap 1 through 3, 5, and 6 (including each number), and the purport of the whole pleadings

2. The Plaintiff’s assertion is that the trademark of this case was made on the basis of the work of this case and its actual similarity is recognized with the work of this case.

Since the Defendant, by dolus negligence, has produced the trademark of this case using the copyrighted work of this case and infringed the Plaintiff’s copyright on the copyrighted work of this case, it is obligated to pay KRW 8,000,000 as compensation for damages incurred from the infringement of author’s property right, and KRW 9,00,000 as compensation for damages incurred from the infringement of author’s property right.

3. Determination

A. (i) If another person’s work is reproduced without permission, the infringement of the right of reproduction would be the infringement of the right of reproduction. In this case, even if the work is somewhat modified, increased or decreased, or modified, the new creativity is not added.