logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.06.21 2018가합545506
손해배상(기)
Text

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

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

Reasons

1. Basic facts

A. A. Around December 2010, the Plaintiff engaged in the business of publishing and supplying teaching materials related to elementary and secondary education in the name of “F,” and from May 201, the Plaintiff published teaching materials related to “G” (one name “H”; hereinafter “H teaching materials”) as shown in the [Attachment 1] photograph for elementary and secondary students.

B. Defendant B Co., Ltd. (hereinafter “Defendant Company”) was established on January 20, 2014 for the purpose of general private teaching institute education services, book publishing and wholesale and retail business, education consignment business, etc., and is a company that publishes the teaching materials of “I” (one name “J” and “J teaching materials”) as shown in attached Form 2.

C. From the time of the establishment of the Defendant Company, Defendant C was in office as a director of the Defendant Company, and the representative director of the Defendant Company from April 7, 2015, and resigned from July 31, 2018. Defendant D was in office as a director of the Defendant Company from the time of the establishment of the Defendant Company, and as the representative director of the Defendant Company from August 21, 2015, respectively. Defendant E is in office as the inside director of the Defendant Company from the time of the establishment of the Defendant Company until the time of the establishment of the Defendant Company, from April 7, 2015, and from April 4, 2016 to the time of the establishment of the Defendant Company.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 8, 12 through 17, and Eul 9 (including branch numbers; hereinafter the same shall apply), the purport of all pleadings

2. H teaching materials published by the Plaintiff asserted by the parties concerned are creative in terms of selection, composition, arrangement, etc. of the contents or materials thereof. It constitutes copyrighted works or compilation works.

However, among the J Teaching materials published by the Defendants, the parts of the [Attachment 3] photographs are identical or similar to the H’s teaching materials as shown in the [Attachment 4] photographs, and their contents and designs are merely reproduced or modified as they are. Accordingly, the Defendants infringed the Plaintiff’s right of reproduction or the right of production of derivative works in relation to H’s teaching materials.

Therefore, it is true.

arrow