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1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.
Reasons
1. Basic facts
A. On January 7, 2017, the Plaintiff produced art works, such as paintings, characters, etc., and published and provided a license using them, and around January 8, 2017, the Plaintiff produced the same straw (hereinafter “instant copyrighted works”) as the attached pictures, and published them on the Plaintiff’s website, and registered the copyright as art works (E) at the Korea Copyright Commission around D Date.
B. From September 2017 to February 2, 2018, the Defendant, as a company engaging in trade business, wholesale business, retail business, etc., produced, and supplied and sold, without the Plaintiff’s permission, the instant copyrighted works to F, etc.
C. Around March 2018, the Plaintiff demanded the Defendant to suspend the use of the relevant set. The Defendant discontinued the sale of the set around that time.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. (1) The liability for damages caused by infringement of author’s property right (1) is an infringement of the right of reproduction if another person’s work is reproduced without permission. In this case, even if the work is not reproduced in its original form and is somewhat modified, increased or decreased, or changed, it shall be deemed as a reproduction if it is recognized or identical to the original work.
(See Supreme Court Decision 89Meu12824 delivered on October 24, 1989). According to the above facts, the defendant manufactured and sold a set which reproduced the work of this case by intention or negligence, thereby infringing the plaintiff's right of reproduction, etc., and the defendant is liable to compensate for the damages suffered by the plaintiff due to such infringement of copyright.
(2) The Plaintiff’s assertion is liable to pay KRW 7,00,000 to the Plaintiff as damages for infringement of author’s property right.
(B) The judgment of the Copyright Act is an infringement of author’s property right.