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(영문) 인천지방법원 2018.06.20 2017가단220316
손해배상(지)
Text

1. The Defendant’s KRW 2,00,000 as well as the Plaintiff’s annual rate of KRW 5% from May 20, 2017 to June 20, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff, as a film supervisor, mainly supervised “village film” in the name of community residents in domestic rural areas as the main body, and produced film such as “C” and “D”, and the Defendant is a non-profit incorporated association established to carry out cultural projects for the promotion of local culture, and is mainly engaged in the activities to revitalize the culture of the E-gu residents of Incheon E-gu.

B. Upon the Defendant’s request, the Plaintiff proceeded with a lecture as “village film, village festival, and village community” at the Defendant’s lecture room from June 14, 2013 to 17:00.

The Defendant, in advance, knew in the Internet Broadcasting (F) operated by the Media Video Team of the Incheon E-gu Office, that the Plaintiff would have made a real-time broadcast of the Plaintiff’s lecture through African TV, and that the broadcast was conducted after photographing the Plaintiff’s lecture, as the Plaintiff consented, all of the pages of the lecture was taken.

C. Meanwhile, while the Plaintiff’s film is in the process of the said lecture, the Plaintiff screened the Plaintiff’s film that compresseded “C” and “D” for about 20 minutes, and the Plaintiff’s filmed the Plaintiff’s film production, and the Plaintiff’s “activities video” made by editing the pictures contained in the process (hereinafter “each of the above images”).

For the preparation of lectures, the Defendant’s employee stored each of the instant copyrighted works by downloading them in advance, and the show of each of the instant copyrighted works was made through real-time broadcasts.

Since then, the defendant posted a video recording of the entrance on the G website (H) operated by the defendant.

On August 5, 2013, the Plaintiff became aware that each of the instant copyrighted works was included in the screen pictures, and the Plaintiff’s spouse, who is a joint performer of the film, requested the Plaintiff to delete the classical image posted on the grounds that the Plaintiff’s spouse opposed to the posting of the copyrighted work and send the file to the Plaintiff.

Accordingly, the defendant is immediately liable to do so.

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