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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The plaintiff sought the implementation of the procedure for the registration of transfer of copyright of this case as the lawsuit of this case and the payment of damages based on tort. The court of first instance accepted the claim for the registration of transfer of copyright of this case and dismissed the claim for damages based on tort.
The part of the claim for damages is excluded from the scope of the adjudication of this Court because only the defendant appealed to the part against it.
2. Basic facts
A. On May 2013, the Plaintiff entered into a contract for the supply of goods (hereinafter “instant contract”) with an agricultural company B Co., Ltd. (Co., Ltd. (hereinafter “C prior to the change, the representative director, and the Defendant), and entered into an agreement with the Plaintiff on the following terms (hereinafter “instant agreement”).
Article 3 (Industrial Property Rights) (1) The owner and the right to use a trademark used on goods under this contract, trademark rights and all other rights shall be vested in the plaintiff.
B. According to the instant contract, C supplied red ginseng products (hereinafter “instant products”) to the Plaintiff. On May 1, 2013, C requested D to create E, a copyrighted work of this case (hereinafter “instant copyrighted work”) for the packaging design of the instant product.
C. On May 23, 2013, the Plaintiff paid KRW 70 million to C as the advance payment under the instant contract.
Around June 18, 2013, F, an employee of C, sent to the Plaintiff e-mail that the instant work will be completed immediately, and that subsequent packing designs will proceed, and C paid KRW 1 million in return for the instant work to D on June 21, 2013.
E. Thereafter, the instant copyrighted work was used in the packaging boxes, etc. of the instant product supplied by C to the Plaintiff, and C, other than that, developed a variety of designs by using the instant copyrighted work to be used in packing boxes, etc. of the instant product supplied to the Plaintiff.
F. C on April 17, 2015