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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is a clothing designer, and is designing and selling female clothing with the trade name “C,” and the Defendant is manufacturing and selling raw materials for clothing with the trade name “D” or “G.”
B. In around 2012, the Plaintiff created the ice and the ice pattern connected to the ice pattern as shown in attached Table 1 (hereinafter “the instant design”). From that time, the Plaintiff manufactured and sold the instant design by applying the instant design to products, such as clothes, etc., and up to 2012 from Ga/ B/ B/ B018, the instant design was manufactured for female clothing products to which the instant design was applied, and posted on the promotional materials such as Ka delivery and on the C’s Internet homepage (H).
C. On the other hand, on June 23, 2013, the money contributed by the contributor to the Drama “F” by suffering the prizes to which the instant design was applied, and on July 1, 2013, the newspaper articles that introduce the Plaintiff was posted along with the stack photographs to which the instant draft was applied.
In addition, in 2014, the instant design has been applied to the Bloices or Sloves provided several times as the sponsor for broadcasting the entertainment with the artist and Sloves, and the instant design has been applied to the female magazines, etc.
From July 2013, the Defendant manufactured and sold “E” products (hereinafter “the instant products”) which are the original parts of the pattern of the attached Form 2, from July 2013.
[Ground of recognition] Facts without dispute, Gap's entries, Gap's 1, 3 through 6, 8 through 14, 16, 17, 19 (including each number; hereinafter the same shall apply)'s contents, images, and the purport of the whole pleadings
2. Summary of the parties' arguments;
A. The design of this case was created and published by the Plaintiff, and constitutes an applied art work as defined in Article 2 subparag. 15 of the Copyright Act.
The Defendant made and sold the instant design without the Plaintiff’s consent by reproducing the instant design to the Malaysia.