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(영문) 서울중앙지방법원 2018.07.20 2017가단5113252

구상금

Text

1. Defendant B’s KRW 77,273,483 as well as the Plaintiff’s annual rate from December 3, 2014 to July 4, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that develops and distributes a video reproduction program, and operates related services. Defendant B is a person who works as the director of the Plaintiff’s association team and has overall control over the conclusion of various contracts between the Plaintiff and the business suspension body, and Defendant C is the spouse of Defendant B.

B. The F, working as the development team leader of the E Co., Ltd. (hereinafter “E”), produced a web brode program with a function of shower is added to the existing web brode displayer program (hereinafter “instant program”) and delivered the pertinent file to Defendant B.

C. On July 1, 2011, Defendant B, who acquired the instant program from F, had the Plaintiff enter into a contract with G to provide the instant program to the Plaintiff between G and the Plaintiff and to pay part of the pertinent program revenue to G, and the Plaintiff distributed the instant program after receiving the instant program from G.

Defendant B and F, August 2, 2012, the above,

(b).

The summary order for the crime of occupational breach of trust was received due to the act such as the statement in the paragraph, and the above summary order was finalized as it is.

E. E filed a lawsuit claiming that the Plaintiff and Defendant B used the instant program, the copyright of which was owned by E without permission, and the appellate court determined on July 21, 2016 that the distribution of the instant program by the Plaintiff and Defendant B constituted copyright infringement against E, and regarding the scope of the amount of compensation, E is equivalent to the amount of fees that the Plaintiff would have paid if the Plaintiff entered into a contract on the use of the instant program with E.