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(영문) 대전지방법원 2018.11.08 2017가합100141
저작권 침해금지 및 손해배상(지)
Text

1. The Defendant’s KRW 1,00,000 as well as the Plaintiff’s annual rate of KRW 5% from March 21, 2015 to November 8, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who produces and sells a brupt, growth motion image, mobile base register, etc. (hereinafter “growth motion image”) with the trade name of “C”, and the Defendant is a person who produces and sells a growth motion image with the trade name of “F.”

B. In around 2012, the Plaintiff produced screen pictures (hereinafter “H screen”) with the content of guiding the audience to concentrate on viewing of screen pictures on the introduced parts of the growing motion pictures (hereinafter “Viewing motion pictures”) and an Audio video produced by obtaining a sense of view from H “H” and community video (hereinafter “H screen”), and posted them on the Plaintiff’s website.

C. On February 2015, the Defendant produced the motion picture of “I” (hereinafter “instant motion picture”) consisting of the entire motion picture of viewing and part of H motion picture (0 to 26 seconds).

After that, from March 21, 2015, the Defendant posted the instant video on the sales page of open market, including J, K, and L, which sell its own website and the Defendant’s growth motion images. In the event of purchasing growth motion images sold by the Defendant, the Defendant allowed consumers to choose whether to incorporate the instant video into the purchase motion images, and even if the instant video is selected, there was no separate additional cost.

After becoming aware of the facts set forth in paragraph (c) above, the Plaintiff filed the instant lawsuit against the Defendant on December 28, 2016 against the Defendant to seek injunction against infringement of the Defendant’s copyright and damages therefrom. After being served with the duplicate of the instant complaint, the Defendant deleted the instant video at all sites where the Defendant sells growing dynamic images, and then closed “F” thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Gap evidence 10, Gap evidence 11 (including each number), and all of the arguments.

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