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(영문) 서울고등법원 2018.07.19 2017나2065051
손해배상(지)
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. In the first instance trial, the Plaintiff claimed confirmation of copyright of the instant teaching material and damages against the Defendant.

The court of first instance accepted the claim for copyright confirmation of the instant teaching material and dismissed the claim for damages.

Accordingly, the Plaintiff appealed against the dismissal part of the damages claim. Accordingly, the subject of this Court’s adjudication is limited to the damages claim dismissed as above.

2. The reasoning for this part of this Court’s reasoning is as follows, and this part of the reasoning for the judgment of the court of first instance is the same as that for “1. Basic Facts” and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Of the judgment of the first instance court, the 3rd part of the 8th part of the judgment of the court of first instance has raised the 8th part of the 8th part of the marketing cost.

Of the judgment of the court of first instance, the 48 books for each course of study (hereinafter referred to as "the 48 books for each course" as stated in the attached Table No. 10 and 11 shall be applied as "the teaching materials for each course".

Of the judgments of the first instance court, the third part of the 13th part shall be raised as follows:

e. Since then, the Defendant appears to have distributed the instant teaching materials to the branch offices to which the Defendant belongs and to third parties (the Defendant still operates the affiliated branch offices, and it does not seem to have separately produced and distributed other teaching materials in addition to the instant teaching materials).

3. Determination on the Plaintiff’s assertion as to the cause of claim

A. On August 31, 2015, the Plaintiff, as the cause of the Plaintiff’s claim, terminated the instant contract and the franchise agreement for branch offices, and sent to the Defendant an official document (Evidence A7) stating that the copyright of the instant teaching material is the Plaintiff. The instant contract between the Plaintiff and the Defendant was lawfully terminated at that time.

Nevertheless, the defendant violated the plaintiff's copyright (right of reproduction and distribution) by reproducing and distributing the textbooks of this case without the plaintiff's permission.

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