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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 201, the Plaintiff entered into a contract with the Defendant, who is an instructor of the BA, for writing of teaching materials and drawing of lectures, and entered into an Internet lecture contract (hereinafter “instant contract”). Article 6 of the instant contract provides that “When the content of the instant work infringes on another’s right and causes damage to the Plaintiff or a third party, the Defendant shall be liable to the Plaintiff.”
B. On June 201, the Defendant completed the writing of C’s teaching materials and delivered them to the Plaintiff (hereinafter “instant teaching materials”), and around December 201, the Defendant also completed the production of dynamic images using the instant teaching materials.
C. Some of the contents of the instant teaching materials were extracted from the EBS broadcasting teaching materials (hereinafter “broadcasting materials”).
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 8-2 through 4, the purport of the whole pleadings
2. The plaintiff's assertion is plagiarism of considerable part of the content of the teaching material of this case. The plaintiff asserts that the defendant suffered damages equivalent to KRW 7,464,00, advertising expenses, KRW 6,00, KRW 6,000, KRW 5,800, KRW 5,000, and KRW 51,708,538, which are paid by the defendant due to its violation of Article 6 of the contract of this case.
On the other hand, the defendant's violation of the contract of this case and the damage of the plaintiff's assertion are merely a content proof prepared by the plaintiff, and there is no other evidence to acknowledge it differently.
Rather, evidence Nos. 1, 2, 5-1, 2, 6-1, 6-2, 7-1, 2, 8-1, 5, 9-2, 13-2 and 13-2.