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(영문) 서울중앙지방법원 2016.06.10 2016가합518661
저작권침해금지청구권등 부존재확인
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1. The defendant's works specified in the Attachment 1 of the Independent Party's Intervenor as to each of the works listed in the Attached List 2.

Reasons

1. The Defendant, from around 2013, has produced film “B” (Attached 2 List No. 1). As to the scenarios (Attached 2 List No. 2; hereinafter “Defendant Scenario”), on October 17, 2012, registered copyright (registration number D) with the Korea Copyright Commission under the title “C” (registration number No. 2), and registered copyright (registration number E) on July 2, 2013.

An independent party intervenor was a supervisor and scenario creator of film F(A) in preparation for production, and registered copyright (registration number H) with the Korea Copyright Commission under the title of “G” on October 23, 2013, as shown in attached Table 1, with respect to the scenarios of the above film “F” (hereinafter “participating scenarios”).

The Defendant requested the suspension of production of film “F” on the ground that the intervenor’s scenario plagiarism and infringed the Defendant’s copyright by means of the intervenor’s certification of the content as of September 11, 2015 and September 22, 2015. The content of plagiarism asserted by the Defendant is that “(i) the principal person in North Korea requests the release of North Korea from South Korea and entrusts his/her chips containing important information to his/her father; (ii) the father of the major person in North Korea who requested the release of his/her chips in China is protected by the master person of the intelligence agency in South Korea in China; (iii) the information personnel in third countries is operated to find his/her chips; (iv) the principal person in North Korea is removed from the internal information agency to keep his/her chips independently, and (v) the content of his/her chips and the content of his/her chips that the third person’s life is his/her mother and his/her mother.

Accordingly, on October 21, 2015, Epid Forest filed a lawsuit against the Defendant for the confirmation of non-existence, such as the claim against infringement of copyright by this court 2015Gahap23715. However, while the lawsuit was pending, the Epid Forest transferred the production authority of the film “F” to the independent party intervenor.

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