logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.02.13 2017가합53729
손해배상(지)
Text

1. The defendant shall not use the photographs listed in the attached Form 1 for advertisements.

2. The defendant is in custody attached Form 2.

Reasons

Basic Facts

The status of the parties is a corporation with the purpose of household manufacturing, wholesale and retail, and interior interior interior fishery, etc., and the defendant is a person who engages in household manufacturing and wholesale and retail business under the trade name of "B".

On January 27, 2011, the Plaintiff entered into a contract for photographing the images of a household with a company for the purpose of printing and manufacturing advertising materials (hereinafter “patho”) around January 27, 201.

Since then, Polas has taken photographs of the products manufactured and sold by the Plaintiff. On January 22, 2014, in order to make a Polassium, the Polass had taken pictures of the same kind as shown in the attached Table 3 (hereinafter referred to as “the instant pictures”) after posting various props, such as clothes, receipt boxes, clothes, etc. inside or around the furniture.

On the date of taking the above photographs, the Plaintiff received from a printer all the author’s property rights related to the above photographs at the same time as the delivery of the original photographic file.

On the other hand, the photograph of the defendant's photographic act is published in the "C" Kabrogs (attached Form 2) produced by the defendant to publicize the product.

[Ground of recognition] A. 1 and 2-1, and Plaintiff’s assertion of the purport of the entire pleadings by the parties concerned is a photographic work protected under the Copyright Act, which is published in the C.C. for the purpose of publicity of products produced by Defendant, and is an infringement of Plaintiff’s property right on the aforementioned photographic work.

Therefore, the Plaintiff seek a prohibition against infringement of the aforementioned photographic works and compensation for damages sustained by the Plaintiff.

The above assertion and selective choice of the defendant's above act constitutes an unfair competition act under Article 2 subparagraph 1 (j) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter "the Unfair Competition Prevention Act"), and thus, the defendant prohibits the unfair competition act and the plaintiff.

arrow