beta
(영문) 서울고등법원 2015.01.15 2014나2024301

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff, which orders additional payment, shall be revoked.

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the entry of "1. Basic Facts" in the reasoning of the judgment of the court of first instance, and thus, it shall be cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Occurrence of liability for damages;

A. In the case of joint tort of relevant legal principles, aiding and abetting the tort refers to all direct and indirect acts that facilitate the tort, and it is possible to assist by negligence as an interpretation of the Civil Act that considers the negligence as a matter of principle for the purpose of compensating for damages, unlike the Criminal Act. In this case, the content of negligence refers to a breach of this duty on the premise that it has a duty of care not to assist the tort.

(see, e.g., Supreme Court Decision 2009Da1313, Apr. 23, 2009). B.

Judgment

1) The fact that C and D, an employee of the defendant company, installed the instant program owned by the plaintiff in their own computer without the plaintiff's permission at the office of the defendant company, and used it for the defendant company's business without the plaintiff's permission. As seen earlier, Gap Nos. 1-3 and 6-9 (including serial numbers; hereinafter the same shall apply)

In full view of each of the statements and images, the Defendant Company: (a) was a company that develops and produces electronic parts, such as rackers, electric pressure control engines (VCO), high-powered sprinkers (HPA) with radio frequencies (Rdio Frequcy, RF) or microwab products; (b) the program is an electronic automated design software for radio frequency, microwab and signalless integrity; (c) the computer used by C used by it was in office as representative director of the Defendant Company from June 18, 2002; and (d) the employee of the Defendant Company copied the program of this case after copying the program of this case.