1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a company with the purpose of food and beverage chain business, which is a representative brand and me Newcom, and the Defendant operates a franchise with the brand called "D" as a company with the aim of franchise business centered on livestock products and by-products.

B. On August 27, 2014, the Plaintiff: (a) requested a “F” business entity operated by the photographer E to photograph pots, such as the paper paper and advertisement, to be used in the packaging paper; (b) paid KRW 1,390,400 as the price for the instant photograph; and (c) received the copyright of the instant photograph from E after paying KRW 1,390,400 as the price for the instant photograph.

C. The Plaintiff produced the packaging and promotional materials of “C” produced by the Plaintiff using the instant pictures, and sold or posted the said materials through online market, etc.

On the other hand, the Defendant, at around October 2016, posted a package photograph containing the instant pictures (hereinafter “Defendant’s package photograph”) in online market as a photograph of Defendant’s product, and used the Defendant’s package photograph in large and small forms until January 2018.

[Reasons for Recognition] Facts without dispute, entries and images of Gap evidence 1 through 9 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion

A. The photograph of this case, which is protected under the Copyright Act, is a photographic work protected under the copyright law, and the defendant infringed the plaintiff's copyright by reproducing the photograph of this case without permission of the plaintiff who is the copyright holder in the packing materials of the defendant's products or by editing part of the photograph of this case

B. Unfair competitive acts.