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1. The Defendant’s KRW 7 million and the Plaintiff’s 5% per annum from September 27, 2016 to May 23, 2017, and the following.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that sells each smartphone case, protective films, etc. with the trade name of “verus.”
B. From March 2016, the Plaintiff created a web page of the “spgiren” brand pipe (hereinafter “Plaintiff’s web page”) in the Internet portal website from March 2016, and sold online the mobile tax book, such as smartphone case.
C. From May 9, 2016 to May 31, 2016, the Defendant created a “verus” brand web page (hereinafter “the Defendant’s web page”) in the above Gmarket and sold online the mobile amount book. The Defendant, as developed by the Plaintiff to realize the Plaintiff’s web page, copied the HTM license mid-to-date and the Lone Star license code without permission, and embodyed the Defendant’s web page by using it.
(hereinafter referred to as “the Plaintiff’s bar code reproduced by the Defendant without permission” is the instant bar code (based on recognition: the fact that there is no dispute, each entry or video of Gap’s evidence 1 through 5 (including each number), and the purport of the whole pleadings)
2. The assertion and judgment
A. The plaintiff's assertion 1) The defendant infringed the plaintiff's copyright.
In addition, the defendant's act of unfair competition [the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter "the Unfair Competition Prevention Act") which infringes on the plaintiff's economic interests by stealing HTS code that implements the plaintiff's web page created by considerable investment or effort without permission.
Article 2 Subparag. 1 (j) [j] of the Act.
B) The Defendant is obligated to pay KRW 100 million to the Plaintiff as compensation for damages. (2) The Defendant’s act does not constitute an act of infringement of copyright since the source code of this case is not creative and does not constitute an act of infringement of copyright. (b) The Defendant’s act is not a considerable investment or effort in the production of source code of this case.