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(영문) 서울중앙지방법원 2019.01.11 2017가단61523
손해배상(지)
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. The plaintiff and the designated parties created each literary work and insertion, such as the description in the column of "works", among the details of the assertion of infringement by the attached copyright (hereinafter "the details of the assertion in the attached Form"), and each of the above works was recorded in the textbooks of elementary schools.

B Co., Ltd. (hereinafter “B”) published and distributed each reference or problem book for elementary school students (hereinafter “instant books”) such as the description in the column of “infringed learning products” in the attached list as a company aimed at publishing and selling books. Each of the above books contains any or all of the works and pictures modified by the Plaintiff and the Selections.

Each book of this case is written by the teachers (C, D, E, and F) belonging to public schools under the office of education of the defendant in Korean language.

[Ground of recognition] Facts without dispute, the whole documentary evidence, witness C's testimony, the purport of the whole pleadings

2. Determination

A. The assertion B infringed upon the right of reproduction, distribution, and name display (in the case of pictures) of the Plaintiff and the designated parties by publishing each of the books of this case in which the copyrighted work was recorded without permission of the Plaintiff and the designated parties, who are copyright holders.

Article 2 (1) and Article 2 (1) of the State Compensation Act (1) of the State Compensation Act (hereinafter referred to as "public officials") on the ground that the above elementary school teachers, who are public officials belonging to the defendant, jointly participated in the above copyright infringement as referred to in B, and thereby inflict damages on the plaintiff and the designated parties.

shall compensate for the damage under subsection (1) of this section.

B. The duty of Paragraph 1 of Article 2 of the State Compensation Act is to be performed as to whether the performance of the duty is one.

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