1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Facts of recognition;

A. On November 1, 2013, the Plaintiff, a company engaged in the development and sale of books, completed copyright registration of the letter program, “HU dog,” which was developed by himself/herself, with the Korea Copyright Commission (hereinafter “instant letter program”).

B. The Defendant (formerly: (a) was a company that runs computers, peripheral devices, retail businesses, etc.; (b) was employed by the Defendant’s employee as a DNA to the web designer, and was downloaded the instant letter program with the design team sharing network around April 1, 2015, and posted promotional materials containing the phrase “D” on the Defendant’s website.

C around June 2015, around 2015, the notice posted on the website using the instant letter program was deleted or amended.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 2 and 3, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as above, C, an employee of the Defendant Company, infringed the Plaintiff’s intellectual property right by using the instant letter program, which is the Plaintiff’s computer program work, for commercial purposes, while performing its business without permission. As such, the Defendant Company, as the employer of C, is obligated to compensate the Plaintiff for damages incurred by the said employee pursuant to Article 756(1) of the Civil

On the other hand, the defendant asserts that he had paid considerable attention to the supervision of the affairs of the employees, since the copyright infringement may be an issue in relation to the use of the letter program to the employees.

With respect to the liability under Article 756 (1) and (2) of the Civil Act, if an employer or a supervisor of affairs on behalf of an employer has paid considerable attention to the appointment and supervision of the employee or if there is any damage even if he has paid considerable attention to the appointment and supervision of affairs, the