beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On November 1, 2013, the Plaintiff, a company engaged in the development and sale of letters, completed copyright registration for the letter program of “C” (hereinafter “instant letter program”) developed by himself/herself by the Korea Copyright Commission.
B. Around March 26, 2018, the Defendant written the instant letter program on the packaging of DE’s decoration products, stating the phrase “E will be raised from an environment-friendly certified farm to raise “E as a first-class original selected by thorough criteria, which is a non-biotic product,” using the instant letter program (hereinafter “instant word”).
C. On September 27, 2018, the Defendant was indicted for violating the Copyright Act with respect to the infringement of author’s property right in this case at the Seoul Central District Court (hereinafter “Seoul Central District Court”) and was issued a summary order of KRW 300,000 by the above court around that time.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 3 through 5, and the purport of whole pleading
2. Determination
A. According to the facts of recognition as above, the Defendant infringed the Plaintiff’s author’s property right by reproducing the instant letter program without permission and using it.
In addition, according to Article 125(4) of the Copyright Act, a person who infringes on a registered copyright is presumed to be negligent in infringement.
Therefore, the defendant is liable to compensate the plaintiff for damages caused by infringement of author's property right.
B. Under Article 125(2) of the Copyright Act, the Plaintiff’s summary of the Plaintiff’s assertion is seeking payment of KRW 3,300,000 (F 2,200,000 C secondary crops Licse 1,100,000) as the purchase cost stipulated under the letter program use agreement of this case, as “a reasonable amount of money that can be ordinarily received by exercising his/her right,” as compensation for damages to the Defendant.
The amount of money that can be ordinarily received by the exercise of the right under Article 125(2) of the Copyright Act.