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(영문) 서울고등법원 2016.08.18 2015나2054255
손해배상(지)
Text

1. The judgment of the first instance, including the claims extended, reduced, added, and exchangedly changed in this Court, is as follows.

Reasons

1. The premise fact-finding 【Evidence’s statement of evidence Nos. 1 through 8, 10 through 32, 34 through 70, 88, 89, and 90 (including the branch numbers; hereinafter the same shall apply), the result of the fact-finding on the President of the Korean Literature and Copyright Association, the president of the Korea Literature and Copyright Association, and the president of the Korea Reproduction and Forwarding Copyright Association, as an incorporated association, and the purport of the whole pleadings;

A. The Plaintiff and the remaining designated parties created literary works or insertions (hereinafter “each of the instant copyrighted works” as indicated in the attached Table 2’s “works” (hereinafter “each of the instant copyrighted works”), and individually named “the instant copyrighted works,” according to the sequence thereof (However, the Appointed C is the author as the “AJ”; H is the author as the title “AV”; H indicates the author as the title “AV”; and the Appointed N indicates the author as the title “BR”; each of the instant copyrighted works was recorded in an elementary textbook.

B. The Defendant, as a company aimed at publishing, selling, etc. books, issued and distributed each of the books of this case by inserting, without permission of the Plaintiff and the remaining designated parties, the insertion of all or some of the works of this case or any of the works of this case, which is substantially similar to the insertion, as indicated in the separate sheet No. 2, in the reference or problem book for elementary school students (hereinafter “each of the books of this case,” and when called individually, the title “instant book No. 2” is referred to as the “written book”).

2. Issues of the instant case

A. Main Safety Defenses

B. The defendant's liability for damages caused by illegal acts of copyright infringement against the plaintiff

C. Whether the defendant's remaining designated parties are liable for damages caused by tort of copyright infringement

D. Scope of damages

3. The judgment of this Court

A. This safety defense (the defendant's assertion) is an important means of attack and defense with the remaining designated parties.

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