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(영문) 수원지방법원 성남지원 2018.02.02 2017가합402443
손해배상(기)
Text

1. The Defendants jointly share KRW 10,000,000 with the Plaintiff as well as 5% per annum from July 6, 2016 to April 24, 2017.

Reasons

1. Basic facts

A. 1) The Plaintiff is entitled to “D” (hereinafter “E”).

(ii) Defendant B is a designer, and Defendant C is a person who engages in the business of development and design with the trade name of “F”.

B. Defendant B, who was employed by the Plaintiff from March 2, 2012 to April 29, 2016, was in the employment relationship between the Plaintiff and Defendant B, and engaged in the business of development and design in the trade name of the said “E”. Defendant B, during the employment period, drafted a log and design as shown in attached Table 1 (hereinafter “instant log”).

C. Defendant B entered into an employment contract with Defendant C immediately after the termination of the employment relationship with the Plaintiff. (2) At least the instant order from July 6, 2016 to October 2016, Defendant 200 recognized that part of the instant order was posted for three months from July 7, 2016 to October 1, 2016.

The notice was posted on the website of “F” operated by Defendant C, and on the attached Form 2.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5 and 11, and the purport of the whole pleadings

2. Whether liability for damages is established;

A. The summary of the Plaintiff’s assertion 1) The purport of the Plaintiff’s assertion is an occupational work, and the Plaintiff has the right to the above order. The Defendants posted the above work on the website, etc. of the said “F without permission as if the Defendants created it.” Therefore, the Defendants are liable to compensate the Plaintiff for damages arising from copyright infringement as joint tortfeasor. 2) The summary of the Defendants’ assertion does not constitute “large productiveity” or “originality”, and thus, the instant work of applied art under Article 4(1) of the Copyright Act.

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