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(영문) 서울서부지방법원 2015.09.07 2013가단37763

손해배상

Text

1. As to Defendant B, D, and E jointly with the Plaintiff KRW 29,226,260,260 and KRW 25,000,00 among them, Defendant B, and D respectively.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that is engaged in the processing of information data and the development, sale, lease, etc. of software using computers and communications equipment, and is engaged in the development and service of online games and the development and sale of software for Defendant B (hereinafter “Defendant B”).

B. F, the Plaintiff’s representative director, and Defendant C et al., the Defendant C et al., the main axisd (hereinafter “G”) began using a web hosting program that allows immediate implementation on the top of the Webbrode base, without downloading and installing the online games operated by personal PC. On June 5, 2012, the web hosting service for the online game, “H”, which is an online game, began.

C. Around November 26, 2012, G transferred the intellectual property rights, goodwill, etc. related to H’s games, etc. to Defendant B, and once again transferred the Plaintiff’s intellectual property rights, goodwill, etc. related to the web-rating program (hereinafter “instant program”) and the J, etc. Around December 3, 2012, G was practically divided, and thereafter, the Plaintiff continued to develop and manage the instant program through Defendant D, the engine team leader, Defendant E, the engine team leader, etc.

Defendant B’s representative director C asked F of the Plaintiff’s representative director F of the instant program to conclude a contract for the use of the instant program from December 7, 2012 to January 9, 2013, but did not reach an agreement on the amount and time of payment.

E. After that, Defendant D and E retired from office to Defendant B on January 2013, and around March 2013, Defendant D and E developed K Programs, which are web hosting programs like the instant program (hereinafter “B Programs”).

The instant program and the instant program are to be carried out immediately on the web slaber, without the process of downloading and installing the cloft-based online games, all of which work in an individual PC.