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(영문) 서울중앙지방법원 2020.07.10 2019가합537427
동영상 및 게시글 삭제 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

A. On April 16, 2012, the Plaintiff is an instructor of the entrance training institute, and the Plaintiff written the Plaintiff’s book as “I” (hereinafter “Plaintiff’s book”) and published the first board.

Plaintiff

The book contains the content of the “J” as stated in the attached Table 2.

B. The Defendant, who is a student in the K University, posted a notice on the entry to the Niber E, Niber Blugs, etc., and produces and introduces the relevant images when entering the university through the UNtub channel called the “C”.

Videos and posts on the law of flusium in attached Table 3 are some of them.

C. The Plaintiff filed a complaint with the Defendant by asserting that the Defendant’s images and posts recorded in the [Attachment 3] infringed the Plaintiff’s copyright regarding the Plaintiff’s book, but the Seoul Central District Prosecutor’s Office rendered a disposition of non-prosecution on October 31, 2019.

The plaintiff appealed against the disposition of non-prosecution as above and filed an appeal and a petition for adjudication, but all of the appeals were dismissed.

[Ground of recognition] The facts without dispute, Gap's evidence Nos. 1 through 5, Eul's evidence Nos. 4 and 5 (including a serial number; hereinafter the same shall apply), and the purport of the whole pleadings, and the plaintiff's assertion of the purport of the whole pleadings, the defendant, without the plaintiff's permission, "J" (attached Form 2) among the contents of the plaintiff's book's "J"

1. Doing as much as possible,

2. The whole, the whole, the whole, the steering gear, and 3 penculs;

3. The content of “the reading of the answer immediately after the question is read” was stolen, and posted in the same content as the attached Table 3. This constitutes an infringement of the Plaintiff’s copyright, thereby seeking suspension of and compensation for damages against the Defendant. Article 2 Subparag. 1 of the Copyright Act provides that the work shall be “a creative production that expresses human thoughts or emotions.”

A creative work referred to in the above provision refers to a work with originality, and its originality does not require complete originality, and thus, the author does not simply imitate any other work.

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