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(영문) 서울동부지방법원 2017.09.27 2015가합111479
손해배상(기)
Text

1. The Defendants shall jointly:

A. As to the plaintiff Oral Scene 23,800,000 won and 20,000,000 won.

Reasons

1. Basic facts

A. The Plaintiff Orscam (hereinafter “Plaintiff Orsck”) is the copyright holder of AutaCAD 2007, AutaD 2008, AutaCAD 2008, AutaCAD 2013 (hereinafter “Outack program”).

Plaintiff

The term “Plaintiff L&C” (hereinafter referred to as the “Plaintiff L&C”) is a copyright holder of an Asoftgr 2, An Ansoftgr kit 2.1, HFS 13, Q3D Exactor (hereinafter referred to as “A&C”) that provides various engineering processes required in the course of designing the product.

B. Defendant A (hereinafter “Defendant A”) is a company that engages in the design and development of semiconductors and the business of manufacturing semiconductors, etc., and Defendant B is the representative director of the Defendant Company.

C. As a result of the control of illegal copying of computer programs conducted on or around June 2013 with respect to the Defendant Company, it was found that Austria Program (AutaD 2007, AutaCAD 2008, AutaD 2008, and AutaCAD 20131) was installed on computers used by employees C, respectively.

On February 18, 2014, the Defendants were convicted of a fine of 1,000,000 won (Seoul Eastern District Court 2013 High Court 2081), each of the facts constituting a violation of the Copyright Act, that “the Plaintiffs’ program was reproduced at the Defendant Company’s office without permission of the copyright owner” (Seoul Eastern District Court 2013 High Court 200,081). The above judgment

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-13, the purport of the whole pleadings

2. As to the plaintiff Oralk's claim

A. 1) There is no dispute between the parties as to the fact that employees C, etc. of the Defendant Company reproduced and installed the Oralk Program in connection with the Defendant Company’s business. Therefore, the Defendant Company, as an employer of C, etc., suffered the Plaintiff Oralk as an unlawful act of infringing the right of reproduction.

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