손해배상(지)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a company that develops, manufactures, and supplies computer programs, and is a company that holds the copyright of the C4 through C12 (C's number means C's server, which is a high number of servers, and falls under the latest servers; hereinafter each server is referred to as "the instant program"), and the Defendant runs the business of processing gold plastic electrical appliances in the name of "D".
B. On February 26, 2019, the Plaintiff visited D office and inspected the computers being used in the above office. It was confirmed that: (a) four computers used by the Defendant’s employees E (C 4, C5, C6, C8); (b) two (C5, C6) total number of six (C5, C6) computer files of this case from the computers used by the same employees F; or (c) the number of files that were illegally reproduced without authorization, or that were not purchased from the Plaintiff during the process of seeking media by the user of the program file without authorization, were determined whether the user is eligible to use each ruple and individual software.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, and 5, the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s assertion 1) The Defendant infringed the Plaintiff’s copyright by illegally reproducing and using the instant program owned by the Plaintiff. As such, the Defendant is liable for tort under Article 750 of the Civil Act, or is liable for employer under Article 756 of the Civil Act with respect to the performance of duties by the said employees as the Defendant’s employees, as the employer of E and F.). 2) In the event of claiming compensation for damages caused by infringement of copyright, the holder of author’s property right may claim an amount equivalent to the amount ordinarily entitled to receive by exercising his/her right (Article 125(2) of the Copyright Act). The amount of the said damages multiplied by the quantity of illegally reproduced goods at the retail price per