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(영문) 서울중앙지방법원 2016.04.01 2015가단5127912
손해배상(지)
Text

1. The Defendants jointly share KRW 10,000,000 with respect to the Plaintiff and 5% per annum from May 14, 2015 to April 1, 2016.

Reasons

1. Basic facts

A. The plaintiff related to the party is the copyright holder of photographs listed in the separate sheet as a photographer, and the defendant trial corporation (hereinafter referred to as the "defendant trial corporation") is a corporation established for the main purpose of publishing and selling books, producing advertising materials, etc., and the defendant corporation's earth and sand image (hereinafter referred to as the "defendant's earth and sand image") is a corporation established for the main purpose of display, data processing, computer operation-related business, etc. in photographs, and sells pictures through the Internet web site (www.popics.com (hereinafter referred to as the "site of this case").

B. On November 2012, the Plaintiff entered into a photographing agreement with the Defendant Simopian Sglar Mgaine (hereinafter “instant magazine”) with the Plaintiff and the Defendant Simopian (hereinafter “instant photographing agreement”) under a contract to take photographs to be inserted in the magazine (hereinafter “instant magazine”). Pursuant to the instant photographing agreement, the Plaintiff produced 82 females of pictures (hereinafter “the instant photograph”) and provided them to the Defendant Simopian (hereinafter “the instant photograph 882 females”).

C. On September 18, 2014, when concluding an entrustment contract for the sale of copyrighted works between Defendant Chyl Images and Defendant Chyl Images, Defendant Chyls entered into a strategic alliance agreement for the sale of copyrighted works (hereinafter “instant alliance agreement”) and provided Defendant Chyl Images with female 64 of the instant pictures (hereinafter “instant copyrighted works”) among female 882, and Defendant Chyl Images posted this on their website on October 2, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, and 5

2. Summary of the parties’ assertion

A. The defendant 1 corporation could use only 882 females of the instant pictures for the purpose of publishing them in the instant magazine, which is the purpose agreed with the Plaintiff.

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