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(영문) 서울중앙지방법원 2017.09.08 2016가합10778
손해배상(기)
Text

1. The defendant shall suspend the publication, distribution, and sale of the books listed in the attached Form 2, and the defendant's choice after publishing them.

Reasons

1. Basic facts

A. The Plaintiff is a visiting professor in the Chinese medicine department of C University, and the Defendant is working as an associate professor in the Korean language department of D University.

B. On August 2012, the Plaintiff’s work in the Plaintiff’s thesis, as a thesis of “K” (hereinafter “Plaintiff’s thesis”), the title, “K,” (i) the network name and literature of E, F, G, H, I, and J, which is a U.S. expert knowledge, who was well-known in the West, was awarded a literary doctor’s degree in the Chinese Department of Korea at C University.

C. Around August 2013, the Defendant published the books listed in the [Attachment 2] of “L” (hereinafter “Defendant’s books”) among the Defendant’s publication and distribution of Defendant’s books.

The defendant book was distributed to the National Library of Korea, the National Assembly Library, and each library listed in attached Table 4 (hereinafter collectively referred to as the "each library of this case").

Around June 2013, the Defendant written and published the Defendant’s thesis Nos. 1 through 4, published the paper in attached Table 3(1) of “N” on “M” published by the Korean Literature Association (hereinafter “Defendant No. 1 thesis”).

Around August 2013, the Defendant published the thesis in paragraph 2 of the same Table (hereinafter “Defendant 2 thesis”) in the “O” published by the Korea Syyang University (hereinafter “O”).

around September 2013, the Defendant published the thesis in paragraph 3 of the same Table as “R” (hereinafter “Defendant 3 thesis”) in Q, published by the Korean Language Association.

On November 2014, the Defendant published the thesis in paragraph 4 of the same Table (hereinafter “Defendant 4 thesis”) in the “S” published by the Foreign Language University of Korea (hereinafter “S”) foreign Language Research Institute.

Defendant 1 through 4 are distributed to the Korea Research Foundation (KCI) and each of the libraries of this case, and each of the libraries of this case, including the Korea Education Research Information Institute, the Korea Research Foundation (KCI), and the attached Table 5 (hereinafter collectively referred to as the “each of the above organizations, etc.”), and each of the libraries of this case.

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