A. The Plaintiff is a company that develops and sells an integrated system for the design and production of steel structure, and is a copyright holder, such as D, E, which is a three-dimensional design computer program (hereinafter “instant program”).

B. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company aimed at plant structure design service business, offshore structure design service business, etc., and Defendant C is an internal director of Defendant B’s representative.

C. From January 2014 to March 29, 2017, Defendant C reproduced and used the instant program 8 (hereinafter “D”) without the Plaintiff’s permission at the Ulsan-gu F building, and the Defendant B’s office on the sixth floor.

On October 25, 2017, the Ulsan District Court issued a summary order (2017 high-ranking 9007) against Defendant C, who committed a violation of the Copyright Act that the Defendants violated the Plaintiff’s program copyright using the instant program without permission, and issued the summary order (200 million won) against Defendant B, and the above summary order became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination:

A. According to the facts acknowledged prior to the occurrence of the liability for damages, Defendant C, without permission of the Plaintiff who is a copyright holder, has infringed on the Plaintiff’s copyright on the instant program, and thus, is liable for compensating the Plaintiff’s damages. Defendant C, the representative, is jointly liable for compensating the Plaintiff for the damages incurred to the Plaintiff in connection with his duties.

B. The Plaintiff’s scope of liability for damages is the amount calculated by multiplying the amount that the Plaintiff could normally receive by the exercise of rights pursuant to Article 125(2) of the Copyright Act by 44,860,000 won per retail price per unit of the instant program, and by 8,000 number of the instant program used.