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(영문) 서울고등법원 2018.02.22 2017나2055740
손해배상(기)
Text

1. The plaintiff's appeal and the defendant's appeal are all dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance, except for the corresponding part among the judgment of the court of first instance as follows. Thus, it is acceptable in accordance with the main sentence of

(Annex 6 through 10). Provided, That with respect to the grounds for appeal emphasized by the plaintiff and the defendant in the trial, the following judgments shall be added:

Under each part of the second part, the part of the “Defendants shall destroy and abolish [Attachment 2(Ma)......] below the second part, each of the “Korea Language Question Association” shall be deleted from 4 to 3,2, and 1, respectively.

2. Determination on the grounds for appeal by the plaintiff and the defendant

A. 1) The Plaintiff’s assertion 1) The amount of consolation money should be determined as KRW 40 million, since the Plaintiff’s assertion suffers from mental distress caused by the Defendant’s infringement of the Defendant’s right to indicate the name of the Plaintiff’s thesis. 2) The Defendant’s assertion as to the creativity of the Plaintiff’s thesis cannot be seen as having originality regardless of the Plaintiff’s creative and mental effort. In particular, in the case of the translation of the Plaintiff’s thesis, it is difficult to see that the part which translated the Plaintiff’s author into Korea is bound to be identically translated, and thus, it is difficult to see that the Plaintiff’s thesis, the Defendant’s book, and the translation work related to the substantial similarity of Defendant 1 through 4 should be excluded from the determination of the similarity of expression that is not protected by the Copyright Act.

Plaintiff

Among them, if you exclude expressions that are not protected by the Copyright Act, there is no substantial similarity with the defendant's book and defendant 1 to 4.

C. The result of the request for appraisal to the appraiser Korea Copyright Commission of the first instance court on the result of the request for appraisal by the appraiser Korea Copyright Commission of the first instance court on the appraiser Korea Copyright Commission of the first instance is ① in the case of translation works, an appropriate sign for expressing the original work in the language of another country.

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