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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is a company engaged in the documentary development business and the letter sales business, and the Defendant is a company engaged in the electronic commerce and related distribution business.
B. The Plaintiff developed the “HU Award” program (hereinafter “instant letter program”) and completed copyright registration of the said letter program with the Korea Copyright Commission around 2013.
C. On March 27, 2016, the Defendant’s employee A received a letter “B” program free of charge on the website and produced an image containing the phrase “B” using the said letter, and posted it as the Defendant’s website planning promotional materials from March 28, 2016 to April 11, 2016.
The name "The Hague 172" of the letter program used by the defendant's employee A is prior to the change of the name of the letter program in this case into "HU". The letter program in this case and the letter program used by the defendant are the same.
E. The Plaintiff filed a complaint against the violation of the Copyright Act with the Seoul Central District Prosecutors' Office, and the Seoul Central District Prosecutors' Office suspended indictment against A on the ground that "A was found to have committed a commercial act by downloading the instant letter program, which was distributed free of charge on the Internet site while working as the Defendant C, but the Seoul Central District Prosecutors' Office could easily download the letter program on the Internet site, and thus, it is easy for anonymous users to easily download the letter program beyond the boundary between the fee and the free payment, and it does not have any profit gained by A and the Defendant, and it is not significant to take into account the circumstances and circumstances, such as deletion of promotional materials immediately after the Defendant received the Plaintiff's objection."
[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 6, Gap evidence 2, Eul evidence 1 and the purport of whole pleadings
2. The defendant's employee A of the plaintiff's assertion of this case.