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1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
1. The reasoning of the judgment of the court of first instance and its modification in this case are the same as the reasoning of the judgment of the court of first instance, except for the following addition, thereby admitting it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
From the second half of the judgment of the first instance to the second half, the Defendants changed the following. The Defendants infringed the Plaintiff’s right of reproduction and the second copyrighted work out of the Plaintiff’s author’s property rights, and suffered property and mental damage by infringing the Plaintiff’s right of integrity and right of attribution among author’s property rights.
Accordingly, the plaintiff is seeking compensation of KRW 4.9 billion for part of the damages, which is the first claim, and KRW 100 million for the infringement of author's moral rights.
B. The Plaintiff’s novel was published on October 23, 2003 prior to the Defendants’ film, as follows. The Plaintiff published the Plaintiff’s novel on October 23, 2003.
Plaintiff
At the end of the novel, “this work was written to make it a film. However, if a film is made, it would be likely that the copyrighted work would be somewhat modified as a scenario work, and then be left as an original. Finally, this work started and is constantly encouraged, and the President of the NH company I would be audited with a thickness. No course of course written that this work would be created as a good film, and a scenario was written based on the Plaintiff’s novel.”
(Nos. 2-3, 3, and 5). In addition, Nonparty AU posted the Plaintiff’s novels and scenarios on its website around that time.
(A) As seen in Section 18 below 4. The Plaintiff’s work and the Defendants’ film are inserted or abstract objects used as typical universal and essential in graphics, such as novels or motion pictures, in which the anti-Japanese independence movement is located.