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(영문) 대전고등법원 2018.06.01 2017나16080
저작권침해행위중지청구
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. In the first instance court, the Plaintiff requested the Defendant to suspend copyright infringement using each copyrighted work listed in the separate sheet, and the first instance court dismissed all the Plaintiff’s claim.

In regard to this, among the parts against the plaintiff, it is apparent in the record that the plaintiff appealed only against the suspension of copyright infringement as to the copyrighted works listed in the [Attachment 14] list (hereinafter “the paper of consent of the academic council”) and therefore, this court is to judge only this part of the claim.

2. The reasoning for this part of the judgment of the court is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act

3. Judgment on the plaintiff's assertion

A. The gist of the Plaintiff’s assertion was written by the Plaintiff’s paper of the academic conference’s consent, and the Defendant, without obtaining permission from the Plaintiff for the use of the above paper, sent the originals and originals of the above thesis to the “www.ki.go.k.” (hereinafter “Defendant’s Internet site”) operated by the Defendant, thereby infringing the Plaintiff’s copyright (right of public transmission). Therefore, the Defendant sought suspension of transmitting the originals and originals of the thesis of the academic conference’s consent to the Defendant’s Internet site.

B. In light of the following facts and circumstances, it is reasonable to view that the Plaintiff consented to the use of copyrighted works or transferred copyright to the Korean Political Association as a member of the Korean Political Association on March 19, 201, which are acknowledged by comprehensively taking into account the respective descriptions of the evidence Nos. 3 through 5, 21, 22, and 25 as well as the overall purport of the arguments and arguments in the evidence Nos. 3 through 5, 21, 22, and 25, the Plaintiff joined the Korean Political Association as a member of the Korean Political Association around March 19, 201.

for the purposes of this Act, 205.

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