손해배상(지)
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The copyright holder of “D (hereinafter “D”)”, a computer program used for building and interior design, was a stock company E (F. F., the former trade name company F., the same.) but Plaintiff B acquired D’s property right in accordance with the Seoul Central District Court’s order to transfer the program on February 9, 2017 and acquired it.
B. Plaintiff A Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) was established on September 30, 2014 for the purpose of software development and planning business, etc., and Plaintiff B is the representative director.
C. The Defendant is a company established on June 5, 200 for the purpose of building design and construction supervision, etc.
On September 3, 2007, the Defendant purchased and used six H License License 6 from E, a copyright holder, to use the construction design work, and used D Round on or before April 7, 2009.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 7, 8, 13, Eul evidence No. 2 (including additional numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Judgment on the grounds of the plaintiffs' claims
A. The main point of the Plaintiffs’ assertion is that Plaintiff B is a copyright holder of D, and the ancillary Plaintiff Company is a contracting party who succeeds to the status of the use contract with the purport of granting the Defendant the right to use D.
During the period from November 1, 2018 to December 16, 2019 with respect to D License Code owned by the Defendant, D at least 14 computers were used as follows:
Serial Address MAC Address Rogs and Collection 1 IJ 1 October 4, 2019 (2) K L 2, 2019 (2) 3 M L L 3 M from November 1, 2018 to October 17, 2019 (44 times) 5 Q 5 (US), 251) on December 16, 2019 (2), 6 R 7 (2) on June 14, 2019) from October 10, 2018 to October 17, 2019 (19, 19,250) 4 P, etc. of 40, 2019 (2) from November 21, 2018 to March 28, 2019 (2) 4, 2019).