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(영문) 서울고등법원 2014.11.06 2014나2017914
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff registered copyright works with the Korea Copyright Commission as follows.

(a) Name: D2) Date of creation: B) Date of publication: H 4; Registration number I: I;

B. The Defendant, as a software-related company with its head office in California, has published the iOS program, which is a mobile operation system based on traffic users’ royalties (GUI on January 9, 2007, around that time, since then, the Defendant had manufactured the iOS program and its continuous operation program (hereinafter collectively referred to as the “Defendant’s implementation product”), and sold the iOS program and its continuous operation program (hereinafter referred to as the “iOS program and its operation program”) all over the world from November 28, 2009.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 116, 144, the purport of the whole pleadings

2. The plaintiff's assertion

A. On January 14, 191, the Plaintiff produced advertising plates such as type images of attached Form 1, which arranged the annual public telephone card in order to face the form of driving or heat, and created an expression form in which the studio is arranged on the home screen in the form of a bar board.

Then, based on the above expression form, the plaintiff continued to create and publish the derivative copyrighted works, such as the design work, etc., and on April 27, 2006, the plaintiff developed the computer program such as Nos. 1, 2, 4, and 5 of the plaintiff's work in attached Table 2, the basic feature of which is the above expression form, and made a public announcement on the Internet website on May 18, 2006, and completed it from July 2006.

In addition, around May 2009, the Plaintiff additionally developed the form of expression that does not overlap on the background image, and on August 2012, the Plaintiff additionally developed the form of expression that has the function of search, such as the Plaintiff’s work Nos. 3 in attached Table 2.

Attached Form 2.

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