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1. The Defendants jointly share KRW 120,000,000 to the Plaintiff and each of them shall be from November 6, 2015 to May 17, 2017.
Reasons
Basic Facts
The Plaintiff is a company established for the purpose of developing, producing, and selling computer programs, and has the copyright of UGNX 7.5 program (hereinafter “instant program”).
Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) is a company that manufactures plastic withdrawn parts for the use of cars inside and outside, and Defendant B was working as the Deputy Director of the Management Department of the Defendant Co., Ltd. around 2012.
C and D, an employee of the Defendant Company’s criminal punishment, installed the instant program at the Defendant Company’s office without the Plaintiff’s consent, and used it for the Defendant Company’s business.
As above, Defendant B violated Article 136(1) of the Copyright Act due to the fact that Defendant B infringed the Plaintiff’s copyright by using the instant program without permission, Defendant Company was issued a summary order on January 17, 2013 as Busan District Court Decision 201Da26246, respectively, and on February 2, 2013, the said summary order became final and conclusive.
【In the absence of dispute, each entry (including serial numbers) in Gap 1, 6, and 7 evidence, and the fact that the Defendants’ claim against the defendant company, who suffered liability for judgment of the purport of the entire pleadings, received a summary order of KRW 1,500,000,000 as a fine for the crime that the Defendants infringed upon the Plaintiff’s copyright by reproducing and using the instant program, as seen earlier. The following circumstances are as follows: ① the defendant company is a small and medium-sized company with 140 employees; ② the program of this case was necessarily required in the course of performing their duties; ③ the defendant company actually purchased some ruptures of the instant program from the Plaintiff during the first half of 202 and 2012.