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(영문) 부산고등법원 2019.10.02 2018나57912
저작권침해금지 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. 1) The Plaintiff is a personal business entity that designs, produces, and distributes children’s clothes, horses, interiors, etc. (hereinafter “Plaintiff company”) under the trade name “C” from September 2012.

(2) Around December 3, 2013, the Plaintiff Company entered the Plaintiff Company and works as a designer for a three-month period, and participated in the design work of children’s clothing, etc. on or around August 25, 2017.

B. 1) The Defendant, from November 2017 to November 201, at the time of the withdrawal of the Plaintiff Company, uses the Plaintiff Company as the clinic that was “E”, and as the tables of “G” on the F, an Internet portal site (H; hereinafter “instant No. 1”).

(2) While opening and operating the Plaintiff’s company, the Defendant posted the design and the photograph of the product using the design used by the Defendant at the time when the Plaintiff worked in the Plaintiff Company (the design used as the prime package) on the first block of this case. (2) From January 2018, the Defendant opened and operated the screen of the title “G” (I; hereinafter referred to as the “second block of this case”; and (3) in addition to the first block of this case, the Defendant posted a number of copies of the design and the photograph of the product using the design used by the said design on the second block of this case.

3) In addition, the Defendant’s Internet site, which is an Internet site (J; hereinafter “J site”) where freezers publicize himself/herself as a space in which they receive design and work related to the franchises.

In addition, the defendant posted the design that he worked at the time when he works for the plaintiff company and ordered the work of the design product using the above design.

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