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(영문) 서울중앙지방법원 2017.11.09 2017가합510824
손해배상(지)
Text

1. The Defendants jointly do so to the Plaintiff Microflass Ltd. amounting to KRW 4,108,80.

Reasons

1. Basic facts

A. The Plaintiffs’ status as the Plaintiff Microfrate (hereinafter “ Microfrate”) is the copyright holder of the “Office” which is a computer program.

Plaintiff

Korean and computer companies (hereinafter referred to as “Korean and computer”) are copyright holders of “Korean and Chinese characters”, a computer program.

Plaintiff

The C&C software AWC (hereinafter referred to as “C&C”) is a copyright holder of Mascam, a computer program used for designing, modeling, design, etc. in the field of gold, machinery, and manufacturing industry.

B. Defendant A Co., Ltd. (hereinafter “Defendant A”) using the Defendants’ computer program unauthorized reproduction and use without permission is a company that conducts gold and spouting operations, etc., and Defendant B is the representative director of the Defendant Company.

From the above date to October 20, 2014, Defendant B used or conspired with the employees of Defendant Company’s company from the date to October 20, 2014, Defendant B used the 16 computers at Defendant Company’s office: ① 2007 Probal Plus 2, Offal Plus 2010; ② 1 in Korean with the Plaintiff’s Korean Copyright Act; ③ 1 in Korean with the Plaintiff’s Korean Copyright Act; and 9.12 in Master-Cam-Degras 9.12; Master-La-9.12; Master-Ma-Mil9.12; Master-12; and Master-Ma-Mil9.12; Master-12; and Master-19.12; Master-15.2; and Master-15.

C. The Defendants of the relevant criminal case are above B.

On February 13, 2015, a summary order of KRW 2 million was issued by the Seoul Southern District Court (2015 High Court Decision 2015 High Court Decision 201Da1221). The above order was finalized on April 9, 2015.

[Ground of recognition] Each entry of Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply) and the purport of the whole pleading

2. Occurrence of liability for damages;

A. According to the above facts of recognition, Defendant B, for the work of the Defendant Company, was the instant case.

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