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1. The Defendants jointly share KRW 10,000,000 with respect to the Plaintiff and the period from May 11, 2018 to April 24, 2019.
Reasons
1. The Plaintiff, around 2016, developed and released a liquid-based hedging product called “D” (hereinafter “D”).
② From April 2016 to January 2018, the Plaintiff requested Defendant B Co., Ltd. (hereinafter “Defendant B”) to post an advertisement advertisement of D products. If the Plaintiff provided video advertising or card advertising (in sequence of the images of many heads) produced by the Plaintiff to Defendant B, Defendant B provided an advertisement by means of posting the advertisement provided by the Plaintiff on the website under its management.
③ After the Defendant C (hereinafter “Defendant C”) was established on March 14, 2017, and around July 2017, the Defendant C released “F” (hereinafter “F”) which is a liquid entertainment product like D.
G, the representative of Defendant C, was appointed as the inside director of Defendant B on April 3, 2017, and as the joint representative director of Defendant B on July 13, 2017, and Defendant C transferred the address on July 4, 2017 to the address of Defendant B.
④ From July 2017, Defendant C posted the video advertising and card advertising of F produced by Defendant B through Defendant B’s management.
[Ground of Recognition] Unsatisfy, entry and video of Gap evidence Nos. 1 through 5, 7, and 8 (including each number), and the purport of the whole pleadings
2. The plaintiff's assertion has copyright against D's video advertising and card advertising.
The Defendants conspired to produce and display the Fdong image advertising and card advertising which copied almost the Plaintiff’s advertisement, and infringed the Plaintiff’s copyright.
In addition, Defendant B also violated the contractual obligations concluded with the Plaintiff by providing the Plaintiff’s advertising content to a third party.
Therefore, the defendants are jointly and severally liable to compensate the plaintiff for the damages suffered by the plaintiff due to copyright infringement.
3. Whether the Plaintiff has copyright to D advertising materials, and the Plaintiff and Defendant B.