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(영문) 대구지방법원김천지원 2019.08.16 2018가합15607
손해배상(지)
Text

1. The Defendants jointly share KRW 40,000,000 with respect to the Plaintiff and the period from May 17, 2016 to August 16, 2019.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a computer program that is used in the business of shooting, printing, design, industrial design, etc. (the name of the new server that was already released was changed to E).

hereinafter referred to as “instant program”

(2) Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company that engages in the business of manufacturing electronic visual devices and related parts, etc., and Defendant C is the representative director of the Defendant Company.

B. Around March 13, 2015, Defendant C’s copyright infringement and criminal punishment of the Defendants infringed the Plaintiff’s property right by having employees belonging to the Defendant Company set up and reproduced the instant program opening price of KRW 12 million on two computers without the Plaintiff’s permission at the office of the Defendant Company located in the Guro-si F, Seoul, and by allowing employees belonging to the Defendant Company to use the instant program opening price of KRW 12 million from around that time to March 2016.

“As a crime of violation of the Copyright Act, the Defendant Company infringed the Plaintiff’s copyright of the instant program by committing an act of violation of the said Act by Defendant C, a representative in relation to his business.

‘' was prosecuted for committing a crime of violation of the Copyright Act.

2) On October 5, 2016, the Defendants received a summary order of KRW 5 million in the Daegu District Court Kimcheon Branch of the Daegu District Court (Seoul District Court Decision 2016Da6314), and the said summary order was finalized around that time by the withdrawal of the request for formal trial. [Grounds for recognition] The Defendants did not dispute any dispute, and Gap’s evidence 1 through 3 (including each number, if any, if any; hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. Determination as to the claim

A. According to the above fact of recognition of liability for damages, Defendant C committed a tort that infringes on the Plaintiff’s property right to the instant program, and Defendant C’s company is the employer of Defendant C, and thus, Defendant C bears the employer’s liability for the above tort.

Therefore, it is true.

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