A. The Plaintiff is a company that developed a program of “C” and “D” (hereinafter collectively referred to as “instant letter”) and completed copyright registration.

B. On October 2013 and December 2014, the instant letter was used on the promotional materials of “E”-related events (hereinafter “instant promotional materials”) supervised by the Defendant, a non-profit corporation.

C. The Defendant did not conclude a contract for the use of the instant letter program with the Plaintiff.

On the other hand, the Plaintiff allowed an individual to install and use the instant letter program for non-commercial purposes without compensation.

【Ground for recognition】 The fact that there has been no dispute, the purport of whole pleading

2. The parties' assertion

A. The Defendant, without permission, installed the instant letter program and produced the instant promotional materials using it.

Therefore, as damages for infringement of copyright, the Defendant is obligated to pay to the Plaintiff KRW 3,520,00 equivalent to the amount which the Plaintiff would normally receive by exercising the copyright of the instant letter program (i.e., Flass Ltd. 2,420,000) and damages for delay thereof.

B. Defendant’s volunteers only produced the instant promotional materials using the instant draft of the body, and even if they installed and used the instant letter program.

Even if it is used for non-commercial events as individual qualification, it does not constitute copyright infringement.

3. Determination

A. Since the production of a documentary file constitutes a computer program and the creativity of the producer’s creative identity is recognized, it is protected under the Copyright Act as a computer program work (see Article 2 subparag. 16 of the Copyright Act). Therefore, the act of installing a documentary file without permission of the copyright holder is related to the documentary file.