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(영문) 서울중앙지방법원 2017.10.20 2016가합536768
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. On July 2014, the Plaintiff prepared a cartoon scenario under the title D’s “D” (hereinafter “instant first scenario”) and sent it to the “Public Offering for Planning and Development of Creatives for Creation 2014” (hereinafter “instant Public Offering”).

The reduced distance of the first scenario of this case is as shown in attached Table 1.

Defendant C drawn up the drama scenario (hereinafter “the second scenario”) in the title “E” in 2015, and Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) in the same title in 2016.

F Company produced and supplied F Company. From March 7, 2016 to April 26, 2016, F Company broadcasted the instant drama. The distance of the second scenario is as shown in attached Table 2. [Recognition-based] The absence of dispute, Gap 1, 2, 3, Eul 1 through 16 (including each serial number, if any; hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. Defendant C, without the Plaintiff’s consent, prepared the second scenario of this case where the specific expressions of key materials, figures, and ploss are substantially similar to the Plaintiff’s work, pursuant to the first scenario of this case, which is the Plaintiff’s work. Defendant C produced the instant drama based on the second scenario.

The Defendants announced the second scenario and the instant drama, thereby infringing on the Plaintiff’s right to prepare derivative copyrighted works and the Plaintiff’s personal rights, which are the author’s property rights regarding the first scenario.

The plaintiff primarily claims damages against the defendants due to infringement of author's property right, and the defendant C and the defendant company, who were examiners prior to the public offering of this case, have used the first scenario illegally, which was subject to examination, commercial, and claim damages due to the tort of infringement of personality right.

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