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(영문) 서울고등법원 2017.02.08 2016나2037660
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants were both companies established for the purpose of publishing and publishing books, and were produced with a high school history textbook in 2013.

B. As a result of the high school textbook authorization examination in 2013, both the Plaintiff and the Defendants requested a verification review to the Ministry of Education, Science and Technology with respect to the national curriculum books of high school, and as a result, the textbooks produced by the Plaintiff and Defendant B (hereinafter “Defendant B”) were 90 to 100 points, and the textbooks produced by Defendant C (hereinafter “Defendant C”) were 80 to 90 points, respectively, and passed the verification review.

C. The number of schools that adopted the Plaintiff’s textbook and the Defendants’ textbooks is 76 high school history textbooks and 525 schools that adopted the Plaintiff’s textbook, 516 schools that adopted Defendant B’s textbook, and 525 schools that adopted Defendant C’s textbook.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. The plaintiff's assertion

A. (i) The occurrence of the liability for damages (i) Defendant B used the Plaintiff’s “Z” photograph as recorded in the Plaintiff’s single copy for a middle school history of 2013 in Defendant B’s middle school history, and did not indicate its source, thereby infringing the Plaintiff’s copyright. ② In producing the textbook exhibition, Defendant B used a site of 80g/m2, not a site of 75g/m2, in violation of the direction of the Ministry of Education; ③ indirectly provided textbooks and reference notes to teachers, and ④ provided them with money and valuables to persons with the authority to adopt textbooks, such as teachers, (ii) provided them with textbooks and reference notes free of charge; and (iii) Defendant B was liable for damages suffered by the Plaintiff due to the said tort.

Seed Defendant C is either directly or in so-called.

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