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(영문) 서울북부지방법원 2017.06.13 2015가단47522
손해배상(지)
Text

1. The defendant,

(a) 750,000 won, respectively, to the Plaintiff (Appointed Party), Appointed C, D, and E;

(b) 3,000,000 won for Selection F;

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointeds) and the designated parties (hereinafter collectively referred to as “Plaintiffs, etc.”) created literary works or insertions (hereinafter referred to as “the instant copyrighted works,” and when individually named, referring to “the instant copyrighted works,” according to the sequence) as indicated in attached Table 2’s “works,” and the instant copyrighted works were recorded in elementary school textbooks.

B. On August 15, 2014, without permission of the Plaintiff, etc., the Defendant published “K” (hereinafter “Defendant’s book”) containing all or some of the instant copyrighted works, or part of the instant copyrighted works, as indicated in the attached Table 2, and distributed them to book stores, etc. by October 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 8, Eul evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. From 2014 to 2015, the Defendant asserted that the Plaintiff’s assertion infringed the Plaintiff’s right of reproduction and right of distribution, which is the author’s property right under the Copyright Act, by publication of the Defendant’s book that contains the instant copyrighted work without permission of the Plaintiff, etc. who is the author of the instant copyrighted work.

As a result, the plaintiff et al. suffered damages, the defendant is obligated to compensate the plaintiff et al. for the same amount as the written claim.

3. Determination

A. According to the facts as above, the existence of liability for damages (i.e., the right of reproduction, distribution, and each infringement of the right of distribution in 2014, the Defendant issued the Defendant’s books without the Plaintiff’s permission in 2014 and distributed them by 2015, thereby infringing the Plaintiff’s right of reproduction and distribution, which are the author’s property rights to the instant copyrighted works.

Therefore, the defendant is obligated to compensate the plaintiff et al. for the damages suffered by the plaintiff et al.

As to this, the defendant's book is the defendant's book.

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