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

A. The Plaintiff, a company established for the principal purpose of design business, such as character, traffic, etc., and acquired the copyright of the art work of “C” (registration number D; hereinafter “instant character”) such as [Attachment 1 design] from E, a copyright holder, on March 11, 2004.

B. On April 2008, the Defendant: (a) indicated the character of this case on the packaging materials of the fruit products called “F” (hereinafter “F products”); and (b) used the character for the packaging materials of F products in various forms by 2017. The attached design 2 is one of the packaging materials indicating the character of this case.

C. At the time of the closing of the argument in this case, F products made of packing materials using the character in this case are being sold in online market.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 6, 17 through 19 (including branch numbers; hereinafter the same shall apply), Eul evidence 2, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff, in 2007, allowed the Defendant to use the instant character without compensation only for the initial production of F products, and requested the Defendant’s employees G to pay for the use of the said character in 2009. However, even though the Defendant did not comply with the request, the Plaintiff used the instant character without permission without permission.

Therefore, the defendant is liable to compensate the plaintiff for damages against the infringement of author's property right due to the use of the character of this case without permission.

With respect to the amount of damages caused by the infringement of author's property rights, the companies in the same industry as the defendant pay 6-8% of the shipping price to the goods as copyright fees, and if they are applied to the F products, about 40 won, and about 5 million won each year by the defendant.