1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. On June 13, 2008, the Plaintiff asserted that he published the subject matter at the marketing curriculum at B University graduate school graduate school, and shared it by e-mail of the professor in charge. The Plaintiff’s subject matter as a fashion designer and the Plaintiff’s value-oriented expression “C” (hereinafter “the phrase of this case”).

The phrase of the Plaintiff is a creative work that expresses the Plaintiff’s thoughts and emotions, and is protected under the Copyright Act.

Around 2010, the Defendant, as an advertising company, infringed the Plaintiff’s author’s property rights and author’s moral rights by inserting the phrase “D” containing the phrase “D” (hereinafter “Defendant’s phrase”) in which the Plaintiff’s phrase was plagiarism, thereby producing and showing the advertisement in various ways.

The plaintiff is seeking a payment of KRW 100 million and its delay damages first as part of the property damage and mental damage to the defendant.

B. The Defendant’s assertion cannot be deemed as a copyrighted work protected under the Copyright Act due to the lack of creativity. The Defendant’s phrase of this case does not have any substantial similarity with the Plaintiff’s phrase of this case, nor is it produced under the Plaintiff’s phrase of this case. Thus, the Defendant did not infringe the Plaintiff’s author’s property right and moral right.

2. According to various circumstances examined below, the Plaintiff’s expression of this case cannot be deemed as a work protected under the Copyright Act because it is difficult to recognize creativity, and it is difficult to recognize the substantial similarity with the Plaintiff’s expression of this case. Thus, the Plaintiff’s assertion based on the premise that the Plaintiff’s expression of this case is a work protected under the Copyright Act and that it is a work protected under the Copyright Act, is not acceptable.

Works protected under the Copyright Act shall be the scope of literary, academic or artistic works.