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(영문) 인천지방법원부천지원 2020.02.04 2019가단19308
손해배상(기)
Text

1. The Defendants jointly share KRW 30,690,000 with respect to the Plaintiff and the period from February 14, 2019 to February 4, 2020.

Reasons

1. Facts under recognition may be found either in dispute between the parties, or in addition to the whole purport of the pleadings, as stated in Gap evidence Nos. 1, 3, 6, 7, 9, 10, and Eul evidence Nos. 1 and 2.

The plaintiff is a corporation established for the purpose of developing, producing, and selling computer programs and is a copyright holder of D 2013, D 2014, D 2015, and D 2016, which is a computer program.

B. Defendant B (hereinafter “Defendant Company”) is a stock company with the purpose of manufacturing, selling, and installing electrical appliances, and was required to use the computer program developed by the Plaintiff in order to produce design drawings for electrical appliances, etc.

Defendant C is the representative director of the Defendant Company.

C. On February 14, 2019, as a result of the inspection of the Defendant Company’s business-use computer, it was confirmed that the employees of the Defendant Company installed the D 2013 Program 1, D 2014 Program 3, D 2015 Program 1, and D 2016 Program 1 (hereinafter “each program of this case”).

On the other hand, at the time, the Defendant Company entered into a program use agreement with the Plaintiff each year and had been lawfully used from April 2018 E 2019 program (hereinafter “E program”). D.

D 2013 Program 1 price registered with the Korea Copyright Protection Board is 4,840,00 won, D 2014 Program 5,170,000 won, and D 2014 Program 1 price is 5,170,000 won, and D 2015 Program 1 price is 5,170,000 won.

2. Determination as to the cause of action

A. 1) The copyright holder of a computer program has the right to reproduce the copyrighted work as a copyright pursuant to Article 16 of the Copyright Act.

Article 2 (22) of the Copyright Act is temporarily or temporarily reproduced by means of printing, photographing, copying, recording, video recording and other means.

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