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(영문) 서울고등법원 2014.11.27 2014나27212
손해배상
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The claims 1.1.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the case is the case where the plaintiff seeks payment of KRW 100 million and damages for delay as part of the prohibition of the infringement, the claim for destruction of infringing articles, and the claim for damages, by asserting that the plaintiff infringed the author's property rights (the second copyrighted copyrighted works, the right of reproduction, the distribution, the right of public transmission, the right of publication, the right of presentation, the right of exhibition, the right of lease, the right of public performance) and the author's property rights (the right of integrity, the right of attribution, and the right of attribution) of the plaintiff by developing the defendant'

The judgment of the first instance dismissed the Plaintiff’s claim on the ground that the Defendant’s program was insufficient to deem that it was developed based on the Plaintiff’s program, and only the part against which the Plaintiff lost (the damages amounting to five million won) was appealed.

B. The premise factual basis of the premise 【Evidence 4, A, 13, 14, 15, 21, 45, and the purport of the entire pleadings (i.e., the Plaintiff’s copyright holder registered a program work “B” (hereinafter “Plaintiff’s program”) as copyright with the Korea Copyright Commission on March 17, 2010.

- Creation Date: C-Publication Date: E-Registration Number: The defendant, as the global hardware and software-related company located in the State of California of the United States, is published on January 9, 2007, which is a mobile operation system based on the graphic user Plux (GUI), and sells the iOS program and the iOS program continuously operated (hereinafter collectively referred to as the "Defendant's program") through the operation system from that time. The defendant, from November 28, 2009, sells the products, such as iOS program and the iOS program continuously operated (hereinafter referred to as the "Defendant's program").

2. Issues of the instant case

(a) the jurisdiction of the courts of Korea;

B. The Plaintiff’s program is included.

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