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(영문) 서울중앙지방법원 2019.01.30 2016가합531213
손해배상(지)
Text

1. The Defendant’s KRW 12,200,000 as well as 5% per annum from June 23, 2016 to January 30, 2019 to the Plaintiff.

Reasons

1. From around 2007, the Plaintiff written a written test on the Korean language test for the ability to take science, including “C 1, 2, and 3,” “D 1, and “D 2,” and the Defendant, as a Korean language teacher at high school, written a written test on the Korean language test of “E”, etc.

In 208, the Plaintiff written “D 1 and 2” and published “F” in F Company F (hereinafter “F”). Around December 2014, the revised 3 copies of the said book were published as “G 1 and 2” (hereinafter “Plaintiff Book 1 and 2”).

On August 29, 2011, the Plaintiff entered into an additional agreement with F on October 26, 201, stating that “the Plaintiff and the Defendant are the co-copyrighted copyright holders of the said book, and the payment rate of royalties, settlement money, etc. is determined by Plaintiff 30% and Defendant 70%” between the Plaintiff and the Defendant.

“H” was published from F on December 201, and thereafter published the revised board around December 2012, and the revised three boards around December 2013 were published respectively, and on December 2014, the revised 4 boards (hereinafter “Plaintiff Book I”) were published as “I” (hereinafter “Plaintiff Book I”).

“H” consists of the portion written solely by the Plaintiff (hereinafter “the Plaintiff’s sole author”) and the part written solely by the Defendant, and the part written jointly by the Plaintiff and the Defendant (hereinafter “joint author portion”). Based on the Plaintiff’s book I, each of the above parts is indicated as “Plaintiff”, “Defendant”, and “joint” in Table 3 attached hereto 4.

Meanwhile, on November 1, 2015, the Defendant published each of the books listed in the separate sheet No. 1 as “K” (hereinafter “Defendant K”) and “L” (hereinafter “Defendant L”) on December 21, 2015 at J Company J published each of the books listed in the separate sheet No. 1 as “Defendant L.”).

In addition, around 00:02 on January 5, 2016, the defendant puts down the articles in attached Table 5 List 1 on M Blog (N) operated by himself.

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