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(영문) 서울중앙지방법원 2015.07.24 2013가합49690
도서판매금지 등
Text

1. The defendant,

(a) not reproduce, distribute and sell each book listed in the separate sheet of the Defendant Island; and (b)

Reasons

1. Facts of recognition;

A. On December 2010, the Plaintiff was a author who written and published the books listed in the Plaintiff’s Book (hereinafter “Plaintiff’s Book”) as indicated in the [Attachment] List, and was an instructor who lectures the subjects of social culture at online lecture sites and offline entrance training institutes using the said books as teaching materials under the name of “G”, and also the Defendant is an instructor who lectures the social and cultural subjects at online Internet lecture sites and offline entrance training institutes.

B. The Defendant’s production, sale, and use of the Defendant’s teaching materials 1) production, sale, and use of teaching materials with the Plaintiff’s permission are the Defendant’s production, sale, and use of the materials, which are the teaching materials that edit part of the Plaintiff’s books with the Plaintiff’s permission on January 201 (hereinafter “Defendant’s Books”).

(2) On February 2012, the Defendant produced and published part of the Defendant’s book on 2011 and sold and used the books listed in paragraph (1) of the attached Table of the Defendant’s Book (hereinafter “Defendant’s book 1”), and sold and used as teaching materials for lectures in the Gangnamsung Institutes and the Gangwon-do Private Teaching Institutes, etc.

3) The Defendant who produces, sells, and uses teaching materials for the year 2013 may edit part of the Defendant’s book 1 around December 2012 in order to use it for the lectures for the year 2013, and then publish the books listed in paragraph 2 of the attached Table of the Defendant’s Book (hereinafter “Defendant’s Book 2”).

(B) production and publication. 【No dispute over the grounds for recognition, Gap evidence Nos. 1 through 5, Eul evidence Nos. 4, 6, 8, and 9, and the purport of the whole pleadings.

2. Determination as to the infringement of copyright

A. The key issue is whether the Plaintiff’s book was creative or not: ① around July 2006, the Defendant published the books consisting of: (a) the first 30 main issues of the subject of social culture, which the Defendant first classified into 30 subjects; and (b) the table, language pool, practice issue, etc., which was easily compared and arranged by the Defendant to understand each subject; and (c) the Plaintiff, who first started to start the lecture of the subject of social culture around June 2007, simply published the Korean files of the said books.

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