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(영문) 서울중앙지방법원 2019.01.11 2018가합517228

저작권침해금지 등의 소

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1. The defendant shall affix the characters listed in the annexed sheet 1 to the shapes listed in the annexed sheet 3 and propaganda advertisements displaying them.

Reasons

1. Basic facts

A. The Plaintiff is a specialized hospital of local inhalers, which operates 28 hospitals nationwide. As part of the strategy of publicity and market management, the Plaintiff requested C Co., Ltd. (hereinafter “C”) to develop the character for publicity around 201.

Accordingly, C created a character with local or non-specific characters (hereinafter “D character,” its title “D”), and on May 21, 2012, on the part of the Plaintiff, transferred to the Plaintiff all copyright related to D character (the designated character subject to transfer in the transfer contract).

B. 1) The Plaintiff is an advertising agent E (hereinafter “E”) from March 2012 to March 2012.

(2) On December 14, 2015, the Plaintiff concluded an advertising agency contract with E, and agreed that the copyright for all productions made by E through the said advertising agency contract belongs to the Plaintiff. 2) The term “F” produced by E at the Plaintiff’s request, which is an advertisement for the video of the title “F” (the type of D character attached to a canter model) was selected as a type of G’s award.

From May 2012 to the date of the closing of argument in this case, the Plaintiff produced various videos, posts, etc. using DNA character, including the above video advertising, and play video in subway, theater, search site, etc. or put up notices on buses, newspapers, magazines, etc.

C. The Plaintiff registered the DNA character listed in No. 3 of the [Attachment 1] list as “D” on the H date (hereinafter “registered character”) as a work of art. D.

On the other hand, the defendant is a company engaged in the manufacturing and wholesale and retail business of the franchising 2016, and from around 2016, "I" manufactures the figures listed in the attached Table 3 list (hereinafter "defendants") with the name of "I" and mainly online market.