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1. Of the judgment of the court of first instance, the part against the Defendants shall be revoked, and the Plaintiff’s revocation part shall be the Defendants.
Reasons
1. In the first instance trial, the Plaintiff filed a claim against the Defendants for compensation for damages arising from copyright infringement against the design (F), attached Form 1, and marked sculptures (hereinafter “G sculptures”), the design, and J sculptures (L).
The court of first instance accepted part of the claim for damages due to copyright infringement against G sculptures and its proposal, and dismissed the claim for damages due to copyright infringement against J Cho-si's design and J Cho-si's design.
As to this, the plaintiff appealed against the scope of damages caused by copyright infringement on G sculptures and its design. Since the defendants appealed against the defendants among the judgment of the court of first instance, the object of the judgment of this court is limited to the claim for damages caused by copyright infringement on G sculptures and its design.
2. Basic facts
A. The Plaintiff is a juristic person whose purpose is to produce symbolic sculptures, etc.; Defendant B is a person who worked for the Plaintiff from January 25, 2007 to July 25, 2014; Defendant C is a person who operates “D” in a personal business entity producing sculptures, etc.
B. On July 11, 201, Defendant C submitted to the S Foundation a proposal on the attached Form 3 and marked sculptures (hereinafter “T sculptures”) with respect to the construction of Tymmetrics. On November 16, 2012, Defendant C submitted a proposal on the attached Form 4 and marked sculptures (hereinafter “U sculptures”) with respect to the production and installation of U symbolic sculptures at Kimcheon-si. On November 26, 2012, Defendant C submitted a proposal on the attached Form 5 and marked sculptures (hereinafter “V sculptures”). On November 26, 2012, Defendant C submitted a proposal on the design, production, and installation of V symbolic sculptures.
C. Around March 14, 2013, the Plaintiff submitted a proposal containing G sculptures design in relation to the public offering for the production of the G design at the original city of G, and won the proposal on March 19, 2013, and around June 26, 2013.