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(영문) 인천지방법원 부천지원 2018.07.06 2017가합101873
손해배상(기)
Text

1. The Plaintiff:

A. Defendant A and B jointly and severally share 60,000,000 won and the aforementioned amount from September 10, 2015 to July 2018

Reasons

1. Basic facts

A. The Plaintiff is a copyright holder of UGNX 4.0, UGNX 8.x (hereinafter “instant program”) that develops 3D CAD programs, etc., and is a 3D design and verification program.

The Defendant Company is a company that designs and designs drawings established around July 2012 for the purpose of manufacturing and selling mobile communications parts. Defendant B is a person who serves as the representative director of the Defendant Company from the time of establishment to April 1, 2015, and Defendant C works at the Defendant Company Development Team from April 1, 2014 to April 2015.

B. As a result of the investigation agency’s control over copyright infringement against the Defendant Company, it confirmed that one UGNX 4.0 program was downloaded without authority on August 18, 2012 on computers located in the Defendant Company’s office, around April 10, 2014, UGNX 8.x program, around April 29, 2014, and one UGNX 8.x program, around April 29, 2014.

On April 10, 2014, which became Downd around April 10, 2014, was set up in the Switzerland computer used by Defendant C, and was set up in around April 29, 2014 by Defendant C, was set up in the Nowon-gu computer used by Defendant C.

(hereinafter referred to as “the first crime,” “the second crime,” and “the third crime,” respectively, in the order of time for each unlawful downloading act (hereinafter referred to as “each of the instant crimes”). C.

Accordingly, the Defendants were indicted of violating the Copyright Act. ① Defendant Company, and B, on August 25, 2015, received a non-prosecution disposition on the grounds that “Defendant C was prepared for and established a personal severance from employment,” and Defendant B, the representative, appears to have been unaware of the fact that the program was installed.” ② As to each of the instant offenses, Defendant C was subject to a summary order of KRW 1,00,000, which was issued by the Court No. 2016,578, each of the instant offenses, as follows, with respect to each of the instant offenses, and the Defendant Company first received a summary order of KRW 1,00,000, respectively, for each of the instant offenses.

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