2. The costs of lawsuit are assessed against the plaintiffs.

A. Plaintiff Microfrate Co., Ltd. (hereinafter “Plaintiff Microfrate”) is the author’s economic right holder of the “surows” and “surfic” program, a computer operation system, and the Plaintiff, the Plaintiff Co., Ltd. and the computer (hereinafter “Plaintiff Hangul”) are the author’s economic right holder of the “surf” program.

The defendant is a patent firm incorporated on May 17, 2012 for the purpose of dealing with business affairs belonging to patent attorneys.

B. The Defendant’s office has a total of 32 office work computers, and the Defendant’s officers and employees have installed and used 32 Plaintiff Microfrop’s window program, 29 Opip program, and 28 Plaintiff’s Korean translation program on a computer.

2. Determination

A. In light of the fact that the Defendant asserted that the Plaintiff purchased each of the above programs collectively on August 2014 in order to conceal the fact of copyright infringement, the Defendant’s officers and employees should be deemed to have used the above programs illegally prior to that time.

Therefore, the defendant is obliged to compensate for damages suffered by the plaintiffs in copyright infringement as above.

B. We examine the judgment on this, and the defendant's purchase of each of the above programs by the plaintiffs before the application for mediation of this case (on November 5, 2014) was made. The defendant also recognized that the defendant did not submit the data on the establishment of open source program because the defendant used the program in lieu of the plaintiffs' office and Korean language program before the purchase.

However, in this case (No. 5 or 8) in which the Defendant submitted a document prepared by “Apache Open SPS” along with specific data on the details and purchase of the window program used by the Defendant prior to the said purchase time, the foregoing circumstance alone is the sole basis.