1. The plaintiff's claim is dismissed.

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

1. On October 23, 2003, the Plaintiff written the novel “D” and published it in “is published E” on the premise.

Since then, scenarios were written on the basis of the above novels.

(hereinafter referred to as the “Plaintiff’s novel” and scenarios are collectively referred to as “Plaintiff’s work,” and collectively referred to as “Plaintiff’s work.” Motion picture F (hereinafter referred to as “Defendant’s motion picture”) began with Defendant C’s explanation around October 2012, and produced by Defendant C, Defendant C’s production, Defendant C’s production, and Defendant C’s motion picture distributed at Defendant C’s shock. They opened and screened in G.

[Ground of recognition] The descriptions or images of Gap evidence Nos. 2, 5, Eul evidence Nos. 7, 8, and 19 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is that the Defendants produced and screened the Defendants’ motion pictures substantially similar to the Plaintiff’s work based on the Plaintiff’s work, thereby infringing the Plaintiff’s copyright and incurring property and mental loss on the Plaintiff

Accordingly, the plaintiff is seeking compensation of 10 billion won as a priority claim among the damages.

3. Whether there is a relationship under the circumstances.

A. In order to establish infringement of the right of reproduction or the right of production of derivative works protected by the copyright law, it should be recognized that a work compared was produced based on an existing work claimed that the work was infringed.

According to this, the relationship can be presumed if the possibility of access to the existing copyrighted works, and the similarity between the target copyrighted works and the existing copyrighted works is recognized, and in particular, if the target copyrighted works and the existing copyrighted works are prepared independently and the possibility of having reached the same result can be excluded, the relationship can also be presumed based on such circumstance alone.

In addition, whether there is a substantial similarity between two works or not, is a separate judgment.