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(영문) 의정부지방법원 2018.10.25 2017가합1117
손해배상(지)
Text

1. Defendant B’s separate entry in the corresponding “total amount of human resources” column for the Plaintiff (Appointed Party) and the appointed parties.

Reasons

1. Basic facts

A. The Plaintiff and the designated parties created literary works or insertions (hereinafter “each of the instant copyrighted works” as indicated in the pertinent “works” as indicated in the attached table (hereinafter “each of the instant copyrighted works”). Each of the instant copyrighted works was recorded in elementary school textbooks, etc.

B. Defendant B published and distributed each year the learning materials for elementary school students (excluding the tables of “F” posted with the 63 works of this case, which are the copyrighted work of the appointed party E; hereinafter “each of the books of this case”) as indicated in the “publication year” as indicated in the attached sheet as shown in the attached sheet, without permission of the Plaintiff and the designated party, and prepared and posted on the tables of “F” (hereinafter “the instant tables”). The same contents as the instant 63 works, which are the copyrighted work of the designated party E, as indicated in the attached sheet (hereinafter “the instant posting materials”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 44, 67, and 68, and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. Defendant B’s liability for damages arising from copyright infringement (defendants) published each of the books of this case containing each of the works of this case with Defendant D each year without permission of the Plaintiff and the designated parties, the author of each of the works of this case, and sold and distributed them together with Defendant C each of the works of this case, and Defendant B and C prepared and posted the instant bulletin on the instant bulletin in 2016 without permission of the designated parties E, and posted it for two years in 2017. Accordingly, the Defendants infringed the Plaintiff and the designated parties’ right to reproduction, distribution, and the right to create derivative works.

Accordingly, the plaintiff and the designated parties shall each cause 500,000 won per work before 2013, and 1,000,000 won from 2014.

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