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(영문) 수원지방법원 2017.08.24 2015나42190
손해배상(지)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry or video set forth in Gap evidence 1 to 9 (including each number in case of a tentative number):

The Plaintiff, as an enterprise that produces and sells images necessary for advertisements, was transferred from B on June 1, 200 to B on a photographic photo taken by B, and sold them in CD or piece. The sales amount was divided into KRW 10,000 to KRW 2,00,000 according to the scope of use of photographs, media, and period of use.

B. As a company conducting digital printing business, etc., the Defendant sold 6 books of “D” scenarios (hereinafter “each of the books of this case”) online to prepare for a certified judicial scrivener examination, and six copies of the pictures included in “C” (hereinafter “each of the pictures of this case”) were used on the cover of each of the books of this case, such as the photo image.

2. Occurrence of liability for damages;

A. According to the facts acknowledged earlier, each of the pictures of this case is recognized as the identity and creativity of the photographer in the process of selecting the body, setting a gate, controlling the direction and quantity of light, setting a cameraer angle, setting the strings, exposing the strings, and other methods of filminging and painting (see Supreme Court Decision 2008Da44542, Dec. 23, 2010). Each of the pictures of this case constitutes copyrighted works. Since the Defendant used each of the pictures of this case to be sold by the Defendant without the Plaintiff’s permission, the Defendant is liable to compensate the Plaintiff for damages for the infringement of each of the pictures of this case, barring any other special circumstances.

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