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(영문) 서울중앙지방법원 2019.06.28 2018가합504710
손해배상(지)
Text

1. The Defendants jointly share KRW 60,000,000 with respect to the Plaintiff and 5% per annum from November 30, 2016 to June 28, 2019.

Reasons

In light of the above legal principles, the Defendants are liable for damages due to the Defendants’ infringement of the Plaintiff’s property right.

2) The Defendant Company is a H program developed by G (hereinafter “H”).

The Defendant Company used the instant program for the Defendant Company’s principal business without any error. However, the Defendant Company provided 3D data working as H to its customer by converting it into a file format (*.cat level) for the instant program (the file itself is the function of supporting H), and some data were erroneously converted in the process of its conversion. In such a case, the employees of the Defendant Company visited the customer directly and corrected the data through H. In order to avoid the spread of the visit, the employees of the Defendant Company confirmed, through H, whether the files converted into the 3D model are operated without the error in the instant program, or read the 3D data to the instant program to the employees of the Defendant Company, and then, they did not directly use the instant program for the purpose of using the Plaintiff Company’s basic business file (the Defendants’ reproduction of the instant program) or the Defendants’ reproduction of the instant file for the purpose of using the program in the 3D model.

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