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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. The Plaintiff entered and graduated from the C University in around 1985 and then was appointed as a full-time professor of D University in around 2001, and the Defendant entered and graduated from the C University in around 1983, and then is working for the F University since he/she was appointed as a professor of the F University in around 2004, following his/her graduation from the Department of Examination at C University.
B. From August 2002, the Plaintiff and the Defendant started joint research for the preparation of a thesis related to psychology and completed the questionnaire for elementary school students (hereinafter “the instant questionnaire”) and the questionnaire for juvenile use, which consisting of the questionnaire to grasp the students’ “school adaptation”, “parent children’s communication,” and “parent parenting attitudes,” etc. on December 2, 2002.
C. On January 2003, the Defendant distributed the survey paper as above to E University Graduate School Teachers, and notified the Plaintiff that “any more joint research is possible” was made to the Plaintiff after collecting the survey paper written by the elementary school students and middle school students in the school where the teachers are employed, and left the survey paper for middle school students in the office of C University G Research Institute where the Plaintiff and the Defendant had worked together with the past.
Since then, from 2003 to 2004, the Defendant extracted and analyzed some of the results of the survey on the questionnaire of this case, and prepared 3 copies of the paper in the attached Table (hereinafter “the paper of this case”) and published and published them in the name of the Defendant in the academic magazine. The above paper is currently published for sales purposes on the current domestic pay academic website.
[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1, 3, 4, 5, 9, 10, 11, 12, Eul's 1 and 2, and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff’s assertion 1 of the parties in this case is factually the Plaintiff’s argument.