손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The reasoning of the judgment of this court citing the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the following additional determination, and thus, citing the reasoning by the main sentence of Article
2. Additional determination
A. The plaintiff asserts that the instant program and the Defendant program are substantially similar.
However, as seen earlier, the source code of the instant program was not registered at the time of registering copyright of the instant program and at the time of selling the instant auction procedure, and the publicity materials (product presentation) that were submitted at the time of registering copyright of the instant program are difficult to determine the specific contents and scope of the instant program copyright.
In addition, the result of the appraisal entrustment to the Korea Copyright Commission implemented in this court is the source code in the server acquired by the Plaintiff in the course of seizing corporeal movables, and it is a result of comparing the source code alleged as the source code in November 29, 2013 (hereinafter “Plaintiff’s source code”) and the source code in the Defendant’s program, which is the date of sale of the auction procedure of this case. Since there is no evidence that the Plaintiff’s source code is recognized as the source code in the instant program, it cannot be deemed that the instant program and the Defendant’s program are substantially similar only with the result of the said appraisal.
In addition, taking into account the circumstances seen earlier, given that the time of creation indicated in the details of the registration of the copyright of the Defendant Program is earlier than the time of creation indicated in the details of the registration of the copyright of the instant program, it is difficult to conclude that the Defendant Program is a program that maintains the identity with the instant program solely on the basis of the written evidence Nos. 17-1, 2, 18, 24, and 28, and the testimony of the court witness Z of this Court, and there is no other evidence to acknowledge otherwise.
Ultimately, the Plaintiff’s assertion is acceptable.