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(영문) 서울중앙지방법원 2015.08.27 2014가합19931
손해배상 등
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

1. Facts of premise;

A. The Plaintiff, under the trade name of “D”, sells Chinese books, craft materials, tampstones, and pattern, etc. while operating the Internet shopping mall (hereinafter “Plaintiff’s website”); and the Defendant sells such products in the Internet shopping mall (F; hereinafter “Defendant’s homepage”) under the trade name of “E.”

B. The Plaintiff’s photograph 290 of his/her own product (it is difficult to indicate all of them as the fact of recognition, and by extracting part of them, indicated in the “D” portion of the attached Table 14, and hereinafter “Plaintiff’s photograph”) on the Plaintiff’s website. The Defendant sold the same product as that of the Plaintiff’s product between December 2013 and May 2014, and published the Defendant’s photograph 290 of the attached Table 14 on the Defendant’s website (the Defendant’s photograph is expressed in the part “E” of the attached Table 14 by extracting part of the product at the time; hereinafter “Defendant’s photograph”).

C. The Plaintiff’s website includes the entry and video of each “D” portion in the separate sheet Nos. 1 through 13, and the Defendant’s website includes the entry and video of each “E” portion in the separate sheet Nos. 1 through 13.

(In order to indicate all the contents of each website submitted by the defendant as facts recognized, it is difficult to identify them as part of each list of the defendant submitted by the defendant, and it is stated in the list in Attached Forms 1 through 13 by extracting part of each list of the defendant submitted by the defendant (the grounds for recognition). [The fact that there is no dispute, Gap evidence 1 through 13, 19 through 27, 29 through 32, Eul evidence 19 through 21, and Eul evidence 19 through 21 (if there is a serial number, including each number; hereinafter

2. Demand for principal lawsuit:

A. The Plaintiff’s assertion 1 is the Plaintiff’s photographic work taken by 2 persons, including G, etc., of high-performance cameras over a 58-day period, to control the neighboring lighting of the products sold by the Plaintiff, and to control the exposure to sirens and air conditioners, etc. 20 to 30 times.

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