(영문) 의정부지방법원고양지원 2016.04.29 2016가단72590

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(영문) 의정부지방법원고양지원 2016.04.29 2016가단72590

손해배상(지)

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1. The Defendant shall pay to the Plaintiff KRW 12,195,00 and the interest rate of KRW 15% per annum from December 29, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is the author’s property right holder of a “surow” (ms) composed of a computer operation system, a document preparation program, a document preparation program, a screen and map preparation, a portable acid program, a publication data preparation program, etc.

B. The Defendant is a company established on April 14, 2014 and that distributes and sells functional health foods, with approximately 91 branches nationwide and work for approximately 170 employees.

C. The Defendant purchased or registered each of the above programs by November 2015. The Plaintiff raised an issue on the Defendant Company around December 7, 2015, and around December 23, 2015, the Plaintiff purchased 10 franchises 15, the Plaintiff’s work, and 15 Standlers 2016.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Determination

A. According to the above recognition of the damages liability, it is reasonable to view that the Defendant’s executives and employees purchased each program work of the Plaintiff at the latest after they had used a considerable number of wind committee program and offs program without legitimate license purchase around November 2015.

Therefore, the plaintiff's assertion that the amount of the above program illegally reproduced by the defendant at least reaches the number of programs bought by the defendant late, is sufficiently recognized, and therefore, the defendant is liable to compensate for damages caused by illegal use of copyrighted works by the defendant's officers and employees as above.

B. (1) In the instant case, it is reasonable to interpret that the amount of profit gained by the Defendants by infringing the right of reproduction of each program work shall be the amount obtained by multiplying the number of reproduced programs without permission by the retail price per fixed unit, and the amount of loss suffered by the Plaintiff shall be presumed to be the same as the amount of profit earned by the Defendant.

(Article 125(1) of the Copyright Act. (2) The Plaintiff’s quantity of the works recently purchased by the Defendant as part of the amount of damages.

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