beta
(영문) 서울중앙지방법원 2017.06.21 2015가합520674

저작권침해정지등 청구의 소

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

The Plaintiff jointly written the Nonparty G and H’s book (hereinafter “Plaintiff’s book”) and published it through Defendant B Co., Ltd. (hereinafter “Defendant B”) on July 25, 2004.

B. Defendant D, E, and F jointly written “I” listed in the separate sheet No. 1 (hereinafter “instant book”) and Defendant B published the instant book on December 29, 201, and Defendant C is the representative director of Defendant B.

[Reasons for Recognition] Facts without dispute, the plaintiff's argument of the plaintiff's argument as to the plaintiff's claim for the purport of the whole argument is an island that explains the basic theory and utilization of the overall computer, and unlike the existing book, it is recognized that the plaintiff's originality is recognized by introducing creative contents or the selection, arrangement, or composition of materials.

However, the Defendants, based on the Plaintiff’s survey book, written the instant book in the same or similar way as the Plaintiff’s survey book’s selection, composition, arrangement, language and picture expression methods, etc., and sold and distributed it, thereby infringing the Plaintiff’s right of reproduction and distribution as to the Plaintiff’s survey book.

Therefore, as a claim for suspension of the above infringement, the Plaintiff primarily sought the prohibition of printing, reproduction, publication, sale, and distribution of the pertinent book and the destruction of the pertinent book in Defendant B’s headquarters, branch, business office, and warehouse. In the event that each corresponding part of the attached list is not deleted as a preliminary one, the Plaintiff sought the prohibition of printing, reproduction, publication, sale, and distribution of the pertinent book. The Plaintiff also sought compensation for damages for damages for KRW 15 million and damages for delay, which are the sum of KRW 15 million and KRW 10 million, among the property damages suffered by the Plaintiff due to the above infringement. If the Plaintiff’s book and the pertinent book are substantially similar.