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(영문) 서울중앙지방법원 2014.05.16 2013가합46691
손해배상
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 17, 2010, the Plaintiff registered the program work (hereinafter “instant work”) as copyright with the Korea Copyright Commission as follows.

(a) Title: B) creative date: C) Publication date: D4: Registration number; E;

B. The Defendant, a global hardware and software-related company with its headquarters in California, was published on January 9, 2007, which is a mobile operation system based on traffic users (GUI). From around that time, the Defendant had manufactured and sold the iOS program and the program continuously operated the iOS program (hereinafter collectively referred to as the “iOS program and the program that operated the program”) on the operating system. From November 28, 2009, the Defendant sold the above products to the world throughout the world.

【Ground of recognition】 The fact that there has been no dispute, Gap’s entries in Gap’s 4, 13 through 15, 21, and 45, and the purport of the whole pleadings

2. The parties' assertion

A. On January 191, 191, the Plaintiff asserted that the Plaintiff: (a) manufactured a type of article 1 and a type of article 1, which arranged the annual public telephone card in order to contact with the form of the opening; and (b) made a type of article 1 and a type of expression, which arranged in the form of a screen screen on the home screen; and (c) made a public announcement of the form of expression, which is the main characteristic of C; (d) created the instant work in which the background image is inserted or deducted on the screen screen page; and (e) published it on the Internet website on May 18, 2006; and (e) each form of expression among the instant copyrighted work is the same as the image in the column of the work of comparison 2 attached hereto.

However, the defendant produced the infringement of this case, which is substantially similar to this, in accordance with the above expression form, as shown in the work of this case, and the products such as hphone, etc., whose operating system is the infringement of this case.

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