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(영문) 서울고등법원 2010.12.01 2010나27689

손해배상

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. 【Evidence of Basic Facts 【Unsatisfy, Evidence Nos. 1-1, 2, 10, and evidence Nos. 3, 4, 16, and 21, respectively, and the purport of the whole pleadings;

A. The status of the Plaintiff is the representative director of D (hereinafter “D”) with the purpose of software advisory, development and supply business.

Defendant B, from February 1, 1987 to February 1, 2001, served as a test and evaluation research team for the Korea Coast Guard, and from March 2001, served as a business employee at the Plaintiff’s father G and the private business chain operated by the Plaintiff’s father G and K, retired from H around January 2003, and retired from H on June 27, 2007, while the Plaintiff operated the mining damage sales agency of H with the trade name of H from around that time, Defendant C (hereinafter “Defendant Company”) established the Defendant C (hereinafter “Defendant Company”) for the purpose of the survey equipment sales business, the manufacturing business, and the survey software development business, and the Defendant Company was solely appointed as a director of the Defendant Company.

B. (i) On June 2, 2001, the Plaintiff registered the E Program (hereinafter “instant Program”) which is a third-class structure interpretation program at the Korea Software Promotion Agency as follows.

The name or title of programs: The author of the program on March 10, 2001: the program on March 10, 2001: the author of the program on March 1, 2001: the program in this case was developed to measure the size of large blocks in three-dimensional ways in the construction of the vessel or marine structure, and it is possible to conduct a three-dimensional multi-level survey if the program in this case is linked to the ID (PDA and Persersistants) equipped with the program on the optical wave, which is a measuring machine.

C. Defendant B supplied the instant program from around 2003 to D, and sold the instant program. From the end of July 2005 to the end of June 27, 2007, the instant program is independently established by the Defendant Company.