beta
Text
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
On the beginning of 2006, the Plaintiff produced a sculpture of the title “C” (hereinafter “instant sculpture”) in the same form as the attached Table 2 list.
The Defendant, from around 2010 to around 2010, sold the opening of the instant house (hereinafter “instant opening”) in the name of “E,” etc., as indicated in the separate sheet No. 1.
[Ground of recognition] Facts without dispute, Gap 1 through 3, 5, 7, and 8 (including numbers; hereinafter the same shall apply)'s written statements, the purport of the whole pleadings, the purport of the plaintiff's assertion as to the purport of the whole pleadings, are sculptures and crafts, and works falling under applied art, and at the same time constitutes works of pure art, and the author is the author. The defendant infringed author's moral rights such as the plaintiff's right of reproduction, distribution, etc. by producing and selling the instant colon, which is substantially similar to the work of this case based on the work of this case, and by expressing the author's moral rights such as the plaintiff'
Therefore, the Plaintiff filed a claim against the Defendant for the suspension of the infringement of author’s property rights as above pursuant to Article 123 of the Copyright Act. Under Article 125 of the Copyright Act, the Plaintiff sought compensation for damages from the Defendant, in total, KRW 175,610,844, the sum of KRW 175,610,844, which is the profit gained by the Defendant from selling the instant opening house, and KRW 10,000,000,00 for mental damage caused by the infringement of author’s moral rights (=property damage amounting to KRW 175,610,844, the mental damage amounting to KRW 10,00
Judgment
Article 4(1)4 of the Copyright Act as to whether a work of pure art constitutes a work of pure art provides that “the kind of paintings, calligraphic works, sculptures, calligraphic works, crafts, works of applied art, and other works of art,” and Article 2(15) of the same Act provides that “works of applied art,” means works that may be reproduced in the same shape as the goods, and whose originality may be recognized separately from the goods of applied art, including designs, etc.”