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(영문) 대전고등법원(청주) 2017.04.11 2015나800
출판권침해금지 등
Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, is modified as follows.

Reasons

1. The summary of the party’s assertion is as follows: (a) the Plaintiff’s assertion is against F (the preceding 62 books; hereinafter referred to as “Plaintiff’s books”); and (b) the list is as shown in the attached Table “List of Plaintiff’s Books”;

(1) The Defendants jointly and severally seek injunction against infringement of copyright and compensation for damages by asserting that the Defendants infringed the Plaintiff’s publication right by publishing and selling the books (JL; hereinafter “Defendants books”) in the attached Table 1 of the same content as that of the Plaintiff’s books.

As to this, Defendant C did not obtain the validity of the publication right on the Plaintiff’s books, and did not meet the requirements for counterclaim against the third party, and thus cannot set up against the Defendants. Based on the judgment recognizing the publication right, Defendant C asserts that the amount of compensation should be calculated on the basis of the quantity of the Defendants’ books supplied by Defendant C to Defendant C (hereinafter “Defendant Company”) even if liability for damages is recognized.

The Defendant Company (hereinafter “L”) merely mediated the sale of the Defendants’ books by Defendant C, and also asserted that there was no intention or negligence in relation to the infringement of the publication right of this case.

2. Basic facts

A. D’s production of the Plaintiff’s books and acquisition of author’s property rights 1) D had been planned as 60 books on September 18, 2007 (the first planning was planned as 60 books, but the books were added 61 and 62 from the end of 2010, and became 62 books as shown in the annexed list of Plaintiff’s books.

However, as the Defendants’ books were published only 1 to 60 times, “Plaintiff’s books” shall be deemed to mean only 60 books, such as the Defendants’ books, unless there is any special indication thereafter.

Before planning, E and E concluded a “work planning commission contract.”

E The part of the Plaintiff’s book, such as M, N,O, P, etc., under the above contract.

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