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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
purport.
Reasons
1. Basic facts
A. On November 1, 2013, the Plaintiff completed copyright registration for the letter program containing “C” developed by himself/herself by the Korea Copyright Commission (hereinafter “instant letter”).
나. 피고는 2017. 9.경 ‘D 홍대점’의 현수막을 제작하였는데, 위 현수막에는 이 사건 서체를 이용하여 만든 ‘맛있는데!! 진짜!! 진짜!!’라는 문구가 포함되어 있다.
C. The Plaintiff filed a criminal complaint against the Defendant as a violation of the Copyright Act on the ground that the Defendant manufactured banner by using the instant letter without the Plaintiff’s consent, and the Defendant was subject to a disposition of suspension of indictment on conditional copyright education on December 15, 2017.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the facts found in the establishment of liability for damages, the defendant is liable for the damages of the plaintiff since the defendant used the letter of this case, which is the plaintiff's computer program work, without permission, to infringe the plaintiff's property right.
B. The plaintiff's assertion 1) The plaintiff is liable for damages against the defendant for the payment of 3,300,000 won (including additional contract 1,100,000 won for a private person's use of software, and each value added tax) as stipulated in Article 125 (2) of the Copyright Act, which is the "amount equivalent to the amount ordinarily entitled to exercise of the right" under Article 125 (2) of the same Act as compensation for damages to the defendant, and the "amount equivalent to the amount ordinarily entitled to exercise of the right" shall be deemed to be the amount objectively equivalent to the amount that the infringer would have paid as the price for use if the infringer had obtained the permission for use of the work, and the contract for use of the work in question shall be concluded by the copyright holder.