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(영문) 서울중앙지방법원 2015.11.25 2013가합61102

손해배상

Text

1. The Plaintiff (Counterclaim Defendant) shall not distribute to the public each of the options listed in the separate sheet Nos. 2 through 10.

Reasons

The summary of the case in the main lawsuit is that the plaintiff entrusted the defendant with services such as the development and construction, etc. of a solution for the Internet broadcasting, in violation of the agreement that the defendant entrusted the defendant with the services, and the defendant did not complete the development of the 36 development items out of the 94 items of the technical summary, and the defendant did not fulfill the contractual essential functions that guarantee the simultaneous connection of 10,000 won on the Internet broadcasting, and the 141,74,680 won (i) the service contract was terminated with the delivery of a copy of the main complaint, and (ii) the return price of the server solution and the undeveloped items (ii) the defective or defective items (iii) the development of the 36 development items out of the 94 items of the technical summary summary, and (iv) the 10,709,744,680 won (i) the total of the 100 million won and the 140,709,1605 won (i.e., the 209465 won) the additional losses (i.

Counterclaim is each ASP AP Service provider's weak control of each ASPce indicated in the separate sheet produced and distributed by the Defendant, and the service provider is a service that allows users to use the program through a network, such as the Internet, with certain fees collected from users while operating the program in his/her server.

The prohibition of distribution is sought on the ground that the term "Popkon TV", which was developed and supplied by the Defendant to the Plaintiff under the service contract, was infringed on the copyright of the pop-up operation (Popkon TV), and the damages amounting to KRW 150 million due to the infringement of the above copyright (= KRW 100 million in server chain chain chain amounting to KRW 50 million).