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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. From May 27, 2012 to May 2014, the Defendant asserted that the Plaintiff posted, without permission, pictures of clothes model, props, etc. in which the Plaintiff had copyright while operating Internet shopping mall D, which is similar to the Plaintiff’s Internet shopping mall C operated by the Plaintiff, on the Plaintiff’s Internet homepage from May 27, 2012 to May 2014, the Defendant infringed the Plaintiff’s author’s property right by distributing, without permission, pictures of clothes model, props, etc. in which the Plaintiff had copyright from October 15, 2012 to December 2014, including photographs of clothes model, props, etc. in which the Plaintiff had copyright.
Therefore, pursuant to Article 125(2) of the Copyright Act, the Defendant is primarily obligated to pay the Plaintiff the money stated in the claim as part of the compensation for the Plaintiff’s damages pursuant to Article 750 of the Civil Act.
2. Determination as to the cause of action
(a) The facts under the recognition of facts do not conflict between the parties, or may be found in full view of the entries under the evidence Nos. 1 to 5, 12, 13, 16, 17, 18, 21, 22, 25 through 35, 37, 38, 39 (including the number of pages), and the overall purport of the arguments and images under the evidence No. 1 and the arguments No. 1.
(1) Around October 2010, the Defendant, as the representative of “F” engaging in clothing export business, entered into an export contract with the Plaintiff and C, the representative of “C” online shopping mall of women’s chinese, supplying clothing products to F and selling them to China.
From October 2010 to July 201, the Defendant supplied the clothing product from C to July 201, and sold it to China. The Defendant, upon the Plaintiff’s implied approval, used the pictures of the clothing product used on C’s website directly for the sale of the above clothing product.
(B) The Defendant, as a result of supply and return around July 201, uses C image any longer from the Plaintiff around November 1, 201 as the contractual relationship between the Defendant and the Plaintiff terminates.