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(영문) 서울중앙지방법원 2014.11.06 2012가합531154

손해배상(지)

Text

1. The plaintiff, the defendant corporation Eul, and the defendant corporation Eul, and the defendant corporation Eul and each of the above amounts are 88,772.

Reasons

1. Basic facts

A. The Plaintiff is a company mainly engaged in the development, sale, etc. of software, and Defendant B (hereinafter “Defendant B”) is a company that develops and distributes “D”, a video reproduction program, and operates related services.

Defendant C is a person who works as the director of the partnership team of Defendant B and has overall control over the conclusion of various contracts between Defendant B and the business suspension body.

B. On August 25, 2010, the Plaintiff concluded a contract with Defendant B under which the Plaintiff would pay part (7% of the revenue and value-added tax) of the proceeds from the instant program to the Plaintiff (hereinafter “instant first contract”) of the revenue accrued from the instant program to the Plaintiff (hereinafter “instant program”). The Plaintiff entered into a contract with the user of the computer where the instant program is installed to search a specific word in the web slaber, and to display an advertisement related to the search result of the portal site on the screen page of the web slaber (2-deth); and Defendant B would provide the Plaintiff with the content that the Plaintiff would pay to the Plaintiff some (7% of the revenue and value-added tax) out of the revenue accrued from the instant program.

Defendant B received the first program file of this case from the Plaintiff and distributed the same file to the general public at around that time.

C. Meanwhile, while E, who worked as the head of the development team at the Plaintiff Company from August 2010, has been performing the work of developing a new advertising material display program that supplemented the terminals of the instant program from around August 201 to around the direction of the Plaintiff, in the Plaintiff’s advertisement display program being developed as above, partly modifying the display code in the Plaintiff’s advertisement display program under development on July 201, and thereby, in the instant program 1, the shower function (the function of the user of the computer where the relevant program is installed, to suspend the advertisements that Defendant B could have been displayed on the screen screen of the web Berer (0-depth) operated by the user of the computer where the program is installed) is added.