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(영문) 서울중앙지방법원 2014.11.25 2013고정2413
저작권법위반
Text

Defendant

A 10,000,000 won, Defendant B 4,000,000 won, and Defendant C 5,000,000 won, respectively.

Reasons

Punishment of the crime

1. Defendant A is a person who manufactures and sells clothes using the trade name “G” with wife F.

Around April 15, 2011, Porna Entertainment Co., Ltd. (hereinafter “Porna Entertainment”) concluded a contract for the use of a gift right with the term “Rovio mobile L, Ethrad (Rovio Mobro Lt; hereinafter “Rovio Robio”)” in which the copyright of the character of art strawl (Angry Birds) was owned, and entered into a transfer contract with the “Rovio mobile L, Ethra” (hereinafter “Rovio Mobio”), and on July 27, 2011, the Porna Development Co., Ltd. (hereinafter “3D electric site development”) granted the right to manufacture and sell clothing by using the poppyr character (hereinafter “productization right”).

On the other hand, around September 20, 201, the development of 3D electric ground is in violation of the contract terms with the prior written consent of the P.N. Entertainment that it is impossible to renew the commercialization right to a third party without a prior consent of the P.N.C. 3D electric ground development, and in violation of the contract terms with the P.N. Entertainment, the Defendant supplied the items related to poppy, which the Defendant produced by the development of 3D electric ground, or was entitled to manufacture and sell clothing by using poppy type character, and "the total sales contract of this case".

B. According to the sales contract of this case, in order for the defendant to manufacture and sell clothing by using poppy character, etc., the defendant was required to obtain prior approval from the copyright holder, through the development of 3D electric ground and the development of Pesten Entertainment, etc. of design and sample products.

After that, the Defendant and F, without obtaining the above approval on the design, sample products, etc., made and sold the clothing of strawls, which attached the poppy character, and received notification from the development of 3D electric ground around December 12, 201 that the instant sales contract was terminated on the grounds of the violation of the above terms and conditions of the contract.

The Defendant and F are as above.

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