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(영문) 서울중앙지방법원 2016.11.18 2016나966

손해배상

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a person who engages in the business of photographing the Plaintiff with the trade name of “C,” and the Defendant is a person who designs a building, interior, etc. while operating D.

B. Around 2008, the Plaintiff concluded a verbal agreement on the photographing of “F” coffee shop building in Gangnam-gu Seoul, which was designed by the Defendant with the Defendant, and issued a total of 26 photographs files to the Defendant by photographing the inside and outside parts of the above building.

(hereinafter referred to as "the First Contract" or "the First photographics") as the context requires.

On March 2009, the Plaintiff made a verbal agreement with the Defendant to take photographs of the Defendant’s works exhibited in the exhibition held by G as a location of the traditional cultural design, and then delivered each photographic file to the Defendant, on November 2009, after taking photographs of the Defendant’s photographic photographic 30 of the Defendant’s works exhibited in “H” on March 3, 2009, 24, 5, and 18, expressed in “K” on November 209, 209, of the Defendant’s photographic 24, 5, and 2009. < Amended by Presidential Decree No. 22190, Mar. 3, 2010>

(hereinafter referred to as "second contract" or "second photographics", as the context requires.

In around 2009, the Plaintiff concluded a verbal agreement on photographing the company’s building “L” in Gangnam-gu Seoul, which was designed by the Defendant with the Defendant, and then recorded inside and outside parts of the above building and delivered a total of seven photographs file to the Defendant.

(hereinafter referred to as "third contract" or "third-party photographs", as the context requires, and when the photographs in total consist of 1, 2, and 3 photographs, they shall be "each of the pictures in this case". (e)

Some of the first photographs are posted on the F dynaver website and map and search services, some of the second photographs are posted on the website of "G" or posted on the original register distributed by G, and some of the third photographs are posted on L's website, etc.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 1 to 3 evidence, and each.