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(영문) 부산지방법원 서부지원 2018.10.18 2018가합100828
저작권침해금지 등
Text

The defendant shall produce, reproduce, distribute, sell, exhibit, use, or modify each design listed in the attached list.

Reasons

1. Facts of recognition;

A. From September 2012, the Plaintiff operates a personal business entity that designs, produces, and distributes children’s clothes, horses, interiors, etc. (hereinafter “Plaintiff company”) with the trade name “C”, and the Plaintiff company sells related products at the exclusive online shopping mall (D).

B. On December 3, 2013, the Defendant joined the Plaintiff Company and served as a designer for three months, and participated in the design work of children’s clothing, etc. on August 25, 2017.

C. After the Defendant retired the Plaintiff Company from office, from November 2017, the Defendant opened and operated a blackout (H; hereinafter “G”) of the title “G” on F, an Internet portal site, and posted the pictures of the design (the design used as the original complex pattern) and the products using the design on which the design was used in the Plaintiff Company at the time of serving in the Plaintiff Company.

From January 2018, the Defendant opened and operated the Brogs (I; hereinafter “instant No. 2 Brogs”) of the title “G” on F, and posted on the Brogs, as in the instant No. 1 Brogs, the design and the photograph of the product of the design used at the time of working in the Plaintiff Company, as in the instant No. 2 Brogs.

E. In addition, the Defendant posted to J (J; hereinafter “J site”) an Internet site, which is an Internet site, which uses the design and the franchise-related work as a space for the designer to publicize him/her, and ordered him/her to work for the design product using the above design proposal.

F. Furthermore, the Defendant manufactures cell phone cases using the design that was worked at the time when the Plaintiff Company works at the Plaintiff Company, and its photograph is less than K’s account, a social network service provider.

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