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(영문) 서울고등법원 2019.05.23 2018나2064598
손해배상(지)
Text

1. The part of the first instance judgment, including the claim that was reduced or expanded by this court, is withdrawn by this court.

Reasons

1. Basic facts

A. The Plaintiff and the designated parties are authors and copyright holders who created literary works or insertions (hereinafter referred to as “each of the instant copyrighted works” as indicated in the corresponding “works” as indicated in the attached Table, and individually named, each of the instant copyrighted works was recorded in an elementary school textbook, etc.

B. Defendant B, without permission of the Plaintiff and the designated parties, published and distributed each year the learning materials for elementary school students (excluding the tables of “F” on which the instant work, which is the work of the designated parties E, was posted; hereinafter “each of the books of this case”) as indicated in the attached table corresponding to the attached table “publication year” in which all or part of the instant work is recorded in each year, and prepared and posted on the tables of “F” (hereinafter “the instant tables”) the same contents as the instant 63 copyrighted work, which is the designated parties E (hereinafter “the instant bulletin”).

[Ground of recognition] Facts without dispute, Gap's statements and images (including branch numbers, if any) of Gap's evidence and evidence of 1 to 44, 67, 68, 73 through 83, the purport of whole pleadings

2. Summary of the plaintiff's assertion

A. As mentioned earlier prior to the liability for damages arising from copyright infringement, the part concerning Defendant C and D among the part concerning the Selection K and BB is excluded from the scope of the adjudication of this Court.

Defendant B is liable to compensate for damages for infringement until the year 2017, even though the Plaintiff partly different in the calculation year for each of the designated parties in each of the following years.

In the first instance court, the first instance court claimed the infringement period from 2014 to 2017 as a substitute, and this court claimed the infringement period from 2009 to 2017 as a substitute, and expanded the claim.

The copyright holder of each of the instant copyrighted works, the plaintiff and the designated parties.

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