손해배상(지)
1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following order for payment shall be revoked, and that part shall be revoked.
Basic Facts
The pertinent Plaintiff is a copyright holder of the vessel navigation management information system (VTS), which is a system that enables the development, manufacture, measurement, test, and manufacture of equipment and devices for the test and search of the maritime monitoring system, to operate both the movement and mutual functions of the vessel in the vessel’s port management information system (VTS) along with images.
Defendant B (hereinafter “Defendant B”) is a company established for the purpose of information and communications construction business on June 19, 2009, and Defendant C Co., Ltd (hereinafter “Defendant C”) is a company established for the purpose of the business of manufacturing communications equipment around 2002.
On June 25, 2001, Defendant A entered D Co., Ltd. (D, March 26, 2013, hereinafter “D”) and was in charge of various kinds of maintenance and repair of VTS and the establishment and coordination of each control center establishment business, and retired on February 8, 2009. Thereafter, from June 19, 2009 to March 14, 201, Defendant A worked as Defendant B’s director, and from March 201, Defendant C’s director from March 201 to March 14, 201.
On March 26, 2007, the Plaintiff entered into the instant agreement with D (hereinafter “instant agreement”) with the following terms and conditions.
The plaintiff is the supplier of VTS.
The plaintiff and theO agreed to the agency contract that the plaintiff designates theO as the exclusive agent in Korea on the VTS.
D is an O's own intermediary company.
The plaintiff and D agree to propose and implement services and maintenance and management to the plaintiff's customer who purchased VTS in Korea.
This Agreement establishes terms and definitions necessary for D to utilize the Plaintiff’s know-how, technical assistance, and intellectual property rights and to take charge of the purchase of components and the renewal of programs from the Plaintiff in implementing contracts on services and maintenance and repair with customers.
The plaintiff at the request of D.