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(영문) 서울중앙지방법원 2016.11.23 2014가단5313112
손해배상(지)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's ground for claim

A. The Defendant’s performance of duties, which was established around January 21, 2008 and has been performing various duties of accounting corporations, is necessarily required for the Plaintiff’s window, OS, and ms license programs. As of June 10, 2015, the Defendant stated that 141 employees (68 certified public accountants, 73 employees) of the Defendant are personal or legally purchased under the name of another corporation, and 141 OS and 136 ms license are used. Thus, the Defendant stated that there was no infringement of the Plaintiff’s copyright.

B. However, among the program key numbers submitted by the Defendant with respect to each of the above programs, the window OS 42, and ms license 63 are not only for technical protection measures to prevent unauthorized reproduction of the program, but also for the purchase and possession of the pertinent license, and even if viewed otherwise as the material for the purchase of the license, there is no data for the window 99 (141 - 42), ms license 73 (136-63) that are the remainder of the shortage.

C. Moreover, only after the Plaintiff’s instant application for conciliation, a window program 21 and mscam program 37 without installing the pertinent program until the Plaintiff confirmed can be deemed to have been reproduced and used without permission by the Defendant.

Considering the above, the defendant intentionally or by negligence infringed the plaintiff's right of reproduction among the author's property rights on the program of this case by reproducing 120 OS Program 120 (99 21), mp license program 110 (73), and 77 mp license program (7 hereinafter all these are referred to as "the program") on computers or by impliedly viewing the reproduction of officers and employees, and thus, the defendant infringed the plaintiff's right of reproduction among the author's property rights on the program of this case.

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