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(영문) 서울남부지방법원 2018.07.12 2018고정270
저작권법위반등
Text

The defendant shall be innocent.

Reasons

Indictment

1. On March 2016, the Defendant in violation of the Copyright Act (hereinafter “B”) connected to B Company B’s mobile application case, and tested all types of mobile insurance services, and copied B’s travel insurance site mer New, B’s license agreement agreement, terms and conditions of insurance, organization agreement agreement, personal information collection and use agreement, etc., including the following: (a) the publication and compilation of a work; and (b) the choice, arrangement, or composition of the consumer insurance service location of the Plaintiff, a compilation work, as well as the editing work.

Accordingly, the defendant infringed the property right B by reproducing and using it.

2. The Defendant violated the Unfair Competition Prevention and Trade Secret Protection Act, as described in the foregoing A, copied the phrase, design, and domains of B’s consumer insurance in the same or similar way, as described in the foregoing paragraph, and then released the mobile language application and website (D) in the name of “C” around August 2016, and commenced online sales of E Company’s travel insurance, using the same as or similar to the name of the victim company widely recognized in the Republic of Korea as the trade name, package, and other signs indicating the business of the victim company.

Accordingly, the defendant committed an unfair competitive act.

Maz.

1. In determining the violation of the Copyright Act, the screen of the instant case and the mobile display case in C and B, shown in the records and evidence, are similar in terms of the consumer insurance site Ma New, Brazil, the terms and conditions of the terms and conditions of the contract, the phrase of the consent to the terms and conditions of the insurance, the terms and conditions of the group agreement, the expression of the consent to the collection and use of personal information, posting, and the selection, arrangement, or composition of the consumer insurance service location.

However, in light of the following circumstances recognized by the above records and evidence, the evidence submitted by the prosecutor alone is only B mobile.

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