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1. The Defendant’s KRW 2,00,000 as well as the Plaintiff’s annual rate from August 30, 2013 to October 15, 2014, and the following.
Reasons
1. Facts of recognition;
A. The Plaintiff is operating the Internet shopping mall, etc., “unholder” (hereinafter “Plaintiff shopping mall”) that sells health assistance food, and the Defendant also operates the Internet shopping mall “B” (C; hereinafter “Defendant shopping mall”) that sells health assistance food.
B. From September 201 to March 2012, the Plaintiff taken photographs of the products sold in the said shopping mall via a person in charge of design work of the Plaintiff shopping mall from September 201, to March 2012, and produced an image, etc. with an explanation written on the relevant photograph and posted it in the Plaintiff shopping mall.
C. The Defendant sold the same product as that of the Plaintiff’s products in the Defendant shopping mall from September 2012 to May 2013, posted the “D” product photograph3 (attached Table A No. 5-2 to 4), and five copies of the “E” product photograph (attached Table A No. 6-2 to 6), among the pictures produced and posted by the Plaintiff from around September 2012 to May 2013, on the Defendant shopping mall.
(F) The plaintiff alleged that five copies of the "F" product photographs of the plaintiff production were posted by the defendant, but there is no evidence to acknowledge them. [Grounds for recognition] The plaintiff has no dispute, each entry or video of Gap evidence Nos. 1 through 9, and 11 (including each number), and the purport of the whole pleadings.
2. Determination as to the assertion of copyright infringement under the Copyright Act
A. The plaintiff asserted that the plaintiff had infringed author's property rights (right of reproduction, distribution and public transmission) and author's moral rights (right of attribution and right of integrity) of the plaintiff's pictures of this case by arbitrarily inserting the plaintiff's copyrighted work in the defendant shopping mall, and the defendant did not claim that the plaintiff did not work protected under the Copyright Act.
(b)a literature, science or art to be protected under the Copyright Act.