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(영문) 의정부지방법원 2018.09.14 2018나1415
손해배상(기)
Text

1. All appeals by the Plaintiff (Appointed Party) and the claims extended in the trial are dismissed.

2. After an appeal is filed.

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointeds) and the designated parties (hereinafter “Plaintiffs, etc.”) created literary works or insertions (hereinafter “each of the instant copyrighted works”, such as the “works” as indicated in the “int of Infringement” in the attached Table “Infringement List,” and, when individually named, each of the instant copyrighted works was recorded in an elementary school textbook.

B. The Defendant, without permission of the Plaintiff, etc., written the J (hereinafter “Defendant”)’s book containing some or all of the instant copyrighted works as indicated in the attached Form No. 1, and published the Defendant’s book through the Book Publication L operated by K on August 15, 2014. C. The Plaintiff, etc. filed a lawsuit against K against K on the ground of infringement of the right of reproduction and the right of distribution (Seoul Northern District Court Decision 2015Da47522, hereinafter “related lawsuit”); and on June 13, 2017, the said court sentenced K to the judgment recognizing the liability for damages against the Plaintiff, etc. due to the publication of the Defendant’s book by K on June 13, 2017. Of the amount of damages against the Plaintiff, etc. recognized in the above judgment, the amount arising from infringement of the right of reproduction by 50% is the same as the final and conclusive judgment in the attached Form No. 3” column.

Plaintiff

The plaintiff et al. and K appealed against the above judgment (Seoul Northern District Court 2017Na25555), and the above appellate court dismissed the appeal by the plaintiff et al. and the above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 5, substantial facts in this court, the purport of the whole pleadings

2. The assertion and judgment

A. On July 11, 2014, the Defendant: (a) written and published the Defendant’s book containing each of the instant copyrighted works without the Plaintiff’s permission; (b) infringed the Plaintiff’s right to reproduction of each of the instant copyrighted works; (c) around 2015, the Defendant re-issued the Defendant’s book in 2015 and infringed the Plaintiff’s right to reproduction.

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