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(영문) 대구지방법원 2017.09.22 2016가합208758

행위금지 청구 등의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. (1) From around 2008, the Plaintiff supplied the instant devices to B for the installation of street lamps control system (hereinafter “instant devices”), and installed and provided control servers for their management (hereinafter “instant servers”) to B military offices without compensation.

(2) On June 2016, 2016, the Safety Control Team and the Electrical Lighting Team have access to and manage the server of this case before the change of the radio operator, and are currently under custody.

(3) The Plaintiff was authorized to access the instant server for the maintenance and repair of the street lamps control system.

B. Around May 11, 2016, the instant apparatus’s change, etc. (1) B group decided to change the radio operator from SK Telecom to CJHV as a result of frequent occurrence of communication at the telecommunications mm method of the instant apparatus. Around June 201, the Defendant had the Defendant perform the instant work related to the change (i.e., change of the control server, the replacement of the radio operator method of the instant apparatus, etc.; hereinafter “instant work”). The Defendant performed the instant work from June 2016 to December 2 of the same year.

(2) B had the Defendant informed the ID and password of the instant server to access the server to perform the instant work, and the Defendant had access to the instant server and identified the location of the device of the instant server.

C. The street light control system of street light control system is linked through the control server (contest computer and program) - control apparatus (contestine light automatic breaker and program) - street lamps, etc., and the controler and controler are linked through the radio communication cap method attached to the controler (the plaintiff is 2g method of SK Telecom, the defendant is 3g method of CJHV). This signal is given through the controler’s program.