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(영문) 서울중앙지방법원 2019.04.19 2018가합550942
손해배상(지)
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. At around 2009, the Plaintiff written a plan and scenario (hereinafter “E”) of the film called “E” that dealt with the atmosphere of the Y players D, and completed the copyright registration of each Plaintiff as the author on May 29, 2009, while the “E” scenario on September 25, 2009.

B. Motion picture “F” (hereinafter “the Defendant’s motion picture”) is a motion picture jointly produced by G and the Defendants were opened and screened in the Republic of Korea on December 17, 2014.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 4, 6, 10, 11 (including Serial number), Eul 2, and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Plaintiff’s copyrighted works and the Defendants’ motion pictures are both of the Plaintiff’s copyrighted works and the Plaintiff’s motion pictures as their source of life, and contain a common subject such as “Constitution to the community” or “cognism between households”. Since the following are similar: a liquid form, appearing figures, specific reduced distance, and case class, etc., the Plaintiff’s copyrighted works and the Defendants’ motion pictures have a substantive similarity, and the Defendants’ access to the Plaintiff’s copyrighted works, and thus, the Defendants infringed the Plaintiff’s copyrighted works.

B. Even if the Defendants’ film did not infringe the Plaintiff’s copyright, such act constitutes an unfair competition act under Article 750 of the Civil Act (amended by Act No. 15580, Apr. 17, 2018; hereinafter “former Unfair Competition Prevention Act”) and constitutes an act of unfair competition under Article 2 subparag. 1(j) of the former Unfair Competition Prevention and Trade Secret Protection Act (amended by Act No. 15580, Apr. 17, 2018).

(c).

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