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(영문) 인천지방법원부천지원 2020.03.19 2019가단11762

손해배상(기)

Text

1. The Defendants jointly share KRW 90 million with the Plaintiff, and 5% per annum from December 13, 2018 to March 19, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff holds copyright of the D/L program and E program related to gold design and product processing (hereinafter collectively referred to as “instant program”) with a company that develops, produces, and sells computer programs.

B. Defendant B (hereinafter “Defendant Company”) is a company engaged in gold-type manufacturing business, etc., and Defendant C is the representative director of the Defendant Company.

C. As a result of the investigation conducted by the relevant agency on December 13, 2018, the Defendants confirmed that three programs of this case (one program, two program, two sk-saws, two sk-saws, and one Nowon-gu) were reproduced without permission. D.

The program of this case consists of 52 together with a 52 caps (individual software), and the sum of the license prices of the entire caps is KRW 1,842,860,09.

In general, buyers select and purchase the necessary cap from among the whole boiler fastening area, and the programs reproduced by the defendant are the green belt that allows the use of the whole cap (the reproduced program without the consent of the copyright owner).

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 5, Eul's 1 or 2, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff Defendants made a reproduction of three of the instant programs owned by the Plaintiff without permission, and paid 5,528,580,297 won (=1,842,860,09 won x 3) in total, which is the amount that the Plaintiff claims to compensate for or reduce the retail price pursuant to Article 125(2) of the Copyright Act, based on 354,436,218 won in each program (the details of which are the sum of the arm’s license prices sold frequently in Korea are as shown in the attached Form) which is the amount that the Plaintiff claims to compensate or reduce, 354,436,218 won in each program.

As part of a claim, the Plaintiff first claims 200 million won and the legal interest or delay damages thereon.

The plaintiff.