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(영문) 서울중앙지방법원 2019.10.16 2018가합582291

손해배상(지)

Text

1. The Defendant stated the amount of money in the column of the “compact” column for the amount of award by each of the pertinent designated parties in attached Table 2 to the designated parties, as well as the money.

Reasons

1. Basic facts

A. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties created literary works (hereinafter “each of the instant copyrighted works” as indicated in the attached Table 2’s “works,” and, when individually named, by the sequence thereof. Each of the instant copyrighted works was recorded in an elementary school textbook.

B. The Defendant, as a company aimed at publishing and selling books, issued and distributed a reference or problem book for elementary school students (hereinafter collectively referred to as “each of the instant books,” and, when individually referred, recorded all or part of the instant works in the fingerprints, etc. without contract or prior permission with the Plaintiff and the designated parties.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 44, video, purport of whole pleading

2. The gist of the Plaintiff’s assertion was that the Defendant published each of the instant copyrighted works without the permission of the Plaintiff and the other designated parties, and posted each of the instant copyrighted works in the form of “B” book box on the website of “C” at the Internet store. The Defendant published the book of 18,28 books as teaching materials, thereby infringing author’s moral rights, such as the Plaintiff and other designated parties’ right of reproduction, distribution, right of production of derivative copyrighted works, etc.

In addition, the defendant's act constitutes a tort under Article 2 (1) (k) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter "the Unfair Competition Prevention Act").

The Plaintiff and the designated parties, who are different from the Plaintiff, each of the instant copyrighted works, each of the instant copyrighted works, are distributed whenever the instant copyrighted works are stored, the right of reproduction is combined before 2013, the right of reproduction is KRW 300,000,000 from 2014, and the right of attribution is expressed.