logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.12.12 2017가단249898
손해배상(기)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 15,00,000 won and the period from November 11, 2017 to December 12, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of the development, production, and sale of computer programs, and is a copyright holder of Autad 2010, Autad 2012, Autad 2016, Autad 2016, Autad 2012 (hereinafter collectively referred to as “each program of this case”).

Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) is a company running a specialized atmospheric environment, etc., and Defendant B is a spouse of Defendant C, who is an internal director of the Defendant Co., Ltd., and Defendant C is the husband of Defendant B, who is the employee of the Defendant

B. From March 19, 2014 to June 20, 2017, Defendant Company: (a) installed and reproduced the instant program, which the Plaintiff had copyright, in a company’s internal storage device for business purposes, at the same time as the following table without the Plaintiff’s permission.

On March 19, 2014, the number of the installation date of the program name 1 Autocad 2 utocad 2 Autocad 2 on March 9, 2012, 2017, 2017, 3 utocad 2 on March 9, 2017, 2016, 4 Autocad Inc. 4 Autscruca uflucad 2 on June 2017, 2017.

C. Defendant Company and Defendant C were indicted as a violation of the Copyright Act due to the foregoing act and was issued by the Incheon District Court a summary order of KRW 2,000,000 (2017 Highest 18545).

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 2, Eul evidence Nos. 1 through 2 (including each number, if any) and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. As seen earlier, the Plaintiff’s claim against Defendant C committed an unlawful act of infringing the Plaintiff’s copyright by reproducing each of the instant programs owned by the Plaintiff without the Plaintiff’s permission and using them for Defendant Company’s business.

Therefore, Defendant C has a duty to compensate the Plaintiff for damages incurred therefrom pursuant to Article 125 of the Copyright Act.

B. According to the statements in subparagraphs 1-2 and 1-2 of subparagraphs B and B, Defendant B is the spouse of Defendant C and is the representative of Defendant C in the name of the company.

arrow