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(영문) 서울중앙지방법원 2017.09.15 2017가합516709
저작권 침해정지 등 청구의 소
Text

1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate of 5% from March 21, 2017 to September 15, 2017.

Reasons

1. Basic facts

A. The status of the Plaintiff is a company that operates a business that produces an image of the rupture used in a household, remote area, etc.

The defendant operates mobile phone case manufacturing and sales business.

B. Around October 2003, employees of the Dorote, copyright acquisition company (hereinafter “Dorote”) with respect to the image of the Plaintiff produced the image indicated in the attached Table 2, which arranged each individual image by using the Dorobe Pototop program, the Dorotop program, and the Dorotop Phospop program (hereinafter “the image of this case”), which reduced that the image of this case can be easily searched on the Internet site, etc. on or around February 2004.

On March 20, 2006, the Doetech posted and sold the image of this case on its website “W.art City” (hereinafter “instant website”) under the title of “W.art.co.,” (hereinafter “instant website”).

On October 2008, the Plaintiff acquired all the copyright owned by the said company including the image of the instant case from Doetech.

C. Around November 2015, the Defendant manufactured and sold a mobile phone case in the name of “B”, “C,” the product name of “D” (hereinafter “instant product”) and a mobile phone case in the name of “D” (hereinafter “instant secondary product”). D, the Defendant received a summary order of KRW 1 million by using the instant image, which is the Plaintiff’s copyrighted work, without permission, around November 2015, as the Incheon District Court Branch Branch Decision 2016Da15460, Jan. 26, 2017, the Defendant issued a summary order of KRW 200,000,000,000, as a criminal fact that “A mobile phone case was manufactured and sold by using the instant image, which is the Plaintiff’s copyrighted work, without permission, and infringed the Plaintiff’s copyright.”

The defendant is dissatisfied with this.

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