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(영문) 서울중앙지방법원 2017.11.24 2016가합568086

저작권침해금지 등

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established on February 5, 2016 for the main purpose of electronic commerce, telecommunications, and real estate consulting business.

Defendant E Co., Ltd. (hereinafter “Defendant E”) developed a program listed in the separate sheet around June 2016 and supplied it to the Plaintiff in accordance with the service agreement concluded with the Plaintiff on March 7, 2016, as a company established for the main purpose of software development and sale business on June 2005.

(hereinafter referred to as “the instant program”). (b)

On June 2016, the Plaintiff opened and operated an Internet website that provides real estate P2P (referring to direct connection between an individual and an individual) with real estate P2P (referring to peer, peer, on the Internet) by using the instant program supplied by Defendant E.

(www.faringdo.co.km, hereinafter “Plaintiff website”). D. (www)

Defendant C retired on February 29, 2016 from the Plaintiff Company on April 10, 2016, and Defendant D retired from the Plaintiff Company on February 23, 2016.

After the withdrawal of the Plaintiff Company, on April 12, 2016, Defendant C was appointed as the representative director and in-house director of Defendant A Co., Ltd. (hereinafter “Defendant A”) established for the main purpose of online information provision business, online loan brokerage business, and real estate consulting business, and resigned on November 10, 2016. On May 24, 2016, Defendant C was appointed as the representative director and in-house director of Defendant B Co., Ltd (hereinafter “Defendant B”) established for the main purpose of providing investment information, and resigned on November 10, 2016.

After the withdrawal of the Plaintiff Company, Defendant D assumed office as the inside director of Defendant A established on April 12, 2016, and was appointed as the inside director of Defendant B established on May 24, 2016.

Defendant A opened and operated an Internet website that provides real estate P2P financial services in June 2016.