beta
(영문) 서울중앙지방법원 2018.05.16 2016가합529012

저작권침해금지등 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that provides data analysis services through the website, such as w.rkey.com, www.co.co., and the Defendant is a company that provides advertising planning and agency services through the Internet portal site after investigating the customer’s use of the Internet.

B. On February 19, 2016, the Plaintiff entered into a service contract (hereinafter referred to as “instant contract”) with the Defendant providing Inc. (hereinafter referred to as “instant contract”). From March 1, 2016 to February 28, 2017, the term of contract of KRW 13,50,000 (excluding value-added tax) and the term of contract from March 1, 2016 to February 28, 2017.

C. After entering into the instant contract, the Defendant received 10 main accounts and 10 additional accounts from the Plaintiff.

The Defendant, using the above-mentioned account, refers to the Plaintiff’s web page UI (UI) mobile phone, computer, and neons, and the user environment including the order or technique to operate digital apparatus such as digital device. The Defendant used the service by directly transmitting the order language to the web server using the dispute that is not so called, and the Plaintiff, while analyzing the log record, discovered the log record and then limited the Defendant’s access on April 8, 2016.

E. The Plaintiff filed a criminal complaint against the Defendant, the Defendant’s representative director, and the Defendant’s employees against the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Violation of Information and Communications Network Utilization and Information Protection Act, etc.). However, the Seoul Southern District Prosecutor’s Office committed a violation of the Act on Promotion, etc. of Information and Communications Network Utilization