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(영문) 서울서부지방법원 2016.11.25 2016가단212138

손해배상(지)

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

The plaintiffs asserted that the defendant A Co., Ltd. (hereinafter "the defendant Co., Ltd.") infringed copyright by reproducing the plaintiffs' programs without permission, and that the specific amount of damage is the amount calculated by multiplying the number of programs illegally reproduced during the investigation process by the retail price per regular product. The defendant B is the representative of the defendant Co., Ltd., and is liable for joint tort under Article 750 of the Civil Act or Articles 389(3) and 210 of the Commercial Act.

With respect to the evidence No. 2, the Defendants asserted that, although employees C knew of the content, it is merely a fact that they unilaterally requested and signed the computer program, they did not use the computer program, and there is no evidence to acknowledge the Plaintiff’s assertion except the above evidence.

However, according to the statements in Eul evidence No. 1, it is recognized that the defendants were subject to the disposition of February 17, 2016 that they were suspected of being suspected of having been related to the contents stated in Gap evidence No. 2.

Therefore, since it is not sufficient to recognize the Plaintiff’s assertion by itself, the Plaintiffs’ claims against the Defendants are dismissed in entirety.