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(영문) 서울중앙지방법원 2016.11.23 2014가단5333970
손해배상(지)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's ground for claim

A. As of June 10, 2015, the Defendant’s performance of duties, which had been established around around 2003 and has been performing various functions of accounting corporations, requires the Plaintiff’s window, OS, and ms license programs. As of June 10, 2015, the Defendant stated that 114 executives and employees of the Defendant (56 certified public accountants, 58 employees) are personal or legally purchased under the name of another corporation, and that OS 111 and ms license 99 are being used. Therefore, the Plaintiff’s copyright was not infringed.

B. However, among the program key numbers submitted by the Defendant with respect to each of the above programs, the window OS 38 and ms license 19 are not only for technical protection measures to prevent unauthorized reproduction of the program, but also for the purchase and possession of the pertinent license, and even if viewed otherwise as the material for the purchase of the license, there is no data for the window 73 (11 - 38), the remainder of the shortage of OS 73 (11), ms license 80 (99-19).

C. Moreover, only after the Plaintiff’s instant application for conciliation, the window program 25 and mp license program 6 without installing the pertinent program until the Plaintiff confirmed can be deemed to have been reproduced and used without permission by the Defendant.

Oex 289,000 86 24,854,000 wind 8.172,000 98 16,856,000 916,856,000 Total 41,710,000

D. Considering the above points, the Defendant, either intentionally or by negligence, makes a copy of the Plaintiff’s window OS program 98 (No. 73 25), ms license program 86 (80 hereinafter collectively referred to as “the instant program”) on computers or impliedly accepts the reproduction of officers and employees.

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