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(영문) 서울중앙지방법원 2017.09.29 2017가합510848
손해배상(기)
Text

1. The Defendants jointly share KRW 120,000,000 with the Plaintiff as well as 5% per annum from April 1, 201 to May 16, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company that supplies software (hereinafter “D program” and “E program, etc.”) to conduct financial business operations at major domestic financial institutions. 2) Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company that mainly engages in software development business, software maintenance, repair and service business, and Defendant C is the representative director of the Defendant Company.

B. In the relevant criminal case of Seoul Southern District Court 2012 Go-Ma2952, the Defendants were sentenced to a fine of KRW 5 million for the Defendant C and a fine of KRW 3 million for the Defendant Company, respectively, on the ground that they violated the Plaintiff’s copyright to the F Program “D2.0” (hereinafter “D2.0 Program”) as indicated in the following criminal facts.

The Defendants appealed from this judgment and the appellate court was proceeding with Seoul Southern District Court 2014No375, and the appellate court maintained the conviction judgment and the sentence, and sentenced the Defendant C to a fine of KRW 5 million and a fine of KRW 3 million to the Defendant Company, respectively.

The appellate judgment became final and conclusive on June 20, 2014.

Criminal facts

Defendant

C (Defendant C) is the representative director of Company B, and Defendant B (Defendant Company) is the software development corporation.

1. On March 201, the Defendant, at the National Credit Union Federation of Korea, located in 745, according to the Seo-gu Han field, Seo-gu, Daejeon around 201, copied the program “D 2.0 (G)” (hereinafter “the Plaintiff”), using the USB storage device developed by the victim Co., Ltd., Ltd., and received the program reproduced from the foreign exchange bank’s computer center in the Handong-gu, Seoul.

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