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(영문) 수원지방법원 안산지원 2018.12.06 2017가합10029
손해배상(기)
Text

1. The Defendants jointly pay to the Plaintiff KRW 201,00,000 per annum from September 16, 2015 to November 14, 2017.

Reasons

1. Basic facts

A. 1) The Plaintiff is a computer program D and E (hereinafter “each of the instant programs”) used for 3D design work.

(2) Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company with the purpose of manufacturing and assembling electronic precision parts, gold-type and withdrawn parts, etc., and Defendant C is the representative director of the Defendant Company.

B. Around September 15, 2015, the Defendants’ employees of the Defendant Company copied three and one E-1, etc. of computers installed in the Defendant Company’s office located in the previous Defendant Company’s office. (2) Defendant C was indicted for a violation of each of the Copyright Act, stating that “ around September 15, 2015, the Plaintiff infringed the Plaintiff’s property right by reproducing and installing each of the instant programs on the four computers installed in the Defendant Company’s office operated by Defendant C without the Plaintiff’s permission.” The Defendant Company was indicted for a violation of each of the aforementioned Copyright Act, stating that “The Defendant Company, who is the representative director of the Defendant Company, committed the said violations with respect to the Defendant Company’s business, thereby infringing the Plaintiff’s copyright.”

On March 24, 2016, the Defendants issued a summary order of KRW 1.5 million each of the fines under the Suwon District Court’s Ansan Branch No. 2016 High Court Decision 2974, and around that time, the said summary order became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence 1, 6, 15, Eul evidence 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the judgment 1 as to the cause of the claim, Defendant C, as the representative director of the Defendant Company, has a duty of care to manage and supervise the Defendant Company’s management and supervision so as not to infringe on copyright, but aided the employees’ copyright infringement by negligence. As such, Defendant C, as a joint tortfeasor under Article 760 of the Civil Act, shall compensate the Plaintiff for the damages incurred by the infringement on copyright of each program of this case

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