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(영문) 서울중앙지방법원 2018.12.07 2018가합542101
손해배상(저)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff written the books (international standard book number: F) as of October 29, 2012, and published the books (international standard book number: F) as of October 10, 2014, respectively, on the author who written the principle of natural therapy as the subject, and published the books (international standard book number: H) as of October 10, 2014.

(2) The Plaintiff’s books, including the two books written by the Plaintiff, are “the Plaintiff’s books,” and “the order, when individually referred, is “the Plaintiff’s books.” (b)

Defendant C written the books listed in the [Attachment 1] List of “I” (hereinafter “Defendant’s books”) as “I” (hereinafter “Defendant C”) and published and distributed Defendant B Co., Ltd. (hereinafter “Defendant Company”) on April 20, 2016, while engaging in lectures with an interest in natural therapy.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 18 through 21, purport of whole pleadings

2. In writing on the Plaintiff’s book, Defendant C, as described in the Plaintiff’s argument in attached Form 2, took part of the Plaintiff’s book or literature protected as a copyrighted work among the Plaintiff’s book, deleted part of it, changed the location of some sentences or sections, changed the language insignia, and used the method of organizing the Plaintiff’s book as it is (the Plaintiff’s book was not only the Plaintiff’s book but also the book (international standard book number) published on April 15, 2014, and “L” book published on May 15, 2012 (international standard book number: K) published on May 15, 201, claimed copyright infringement, but the Defendant Company published and distributed this Defendant’s book as it infringed the Plaintiff’s author’s property rights and moral rights regarding the Plaintiff’s book.

Therefore, the defendants jointly compensate the plaintiff for damages caused by the infringement of author's property right 44,029 won and damages caused by the infringement of author's property right 5,928,000 won.

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