손해배상(기)
1. The Plaintiff (Counterclaim Defendant) paid KRW 1,837,620 to the Defendant (Counterclaim Plaintiff) and its related amount from January 30, 2016 to February 19, 2016.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. The Plaintiff is the representative of an enterprise that sells the trade name called E in the Internet shopping mall called Da, and the Defendant is a person who registers, registers, sells clothes, from Isecom, a foreign Internet shopping mall as a seller.
B. On March 26, 2012, the Defendant entered into a verbal agreement with the Plaintiff that “The Plaintiff may purchase the clothing produced by the Plaintiff at the price of 10% discount from home,” and purchased the clothing by depositing the clothing in the bank account designated by the Plaintiff, and sold it in an overseas shopping mall.
C. When the Defendant sells clothing in a foreign shopping mall, he/she used the original photographic file of the clothes produced by the Plaintiff. On June 7, 2013 and June 20, 2013, the Defendant posted the Plaintiff’s Internet address indication of the Plaintiff’s shopping mall which is syntheticized in the pictures by striking them. On June 20, 2013, the Defendant published a letter requesting the Plaintiff to submit the original photographic file produced by the Plaintiff on the Plaintiff’s bulletin board of the shopping mall operated by the Plaintiff.
However, around July 5, 2013, the Plaintiff demanded the Defendant to suspend the use of the image of a photograph and the suspension of the supply of clothing products on the ground of the Defendant’s alteration of photograph, and the Defendant sent the Defendant a content-certified mail claiming damages from unauthorized use of photographic works to the Korea Commercial Arbitration Board on July 9, 2013.
E. After suspending the sale of overseas shopping malls, the Defendant requested a refund of approximately 5.3 million won in total to the Plaintiff on July 6, 2013. From December 18, 2013 to December 18, 2013, the Plaintiff did not comply with the full refund, and the Plaintiff resumed the sale of clothes using the Plaintiff’s photograph from overseas shopping malls, and the Plaintiff filed a complaint against the Defendant under the Copyright Act.
F. The Defendant’s Internet from March 2014 to May 13, 2014.