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(영문) 서울중앙지방법원 2019.07.19 2018가합536687
손해배상(지)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 50,000,000 won and 5% per annum from March 16, 2017 to July 19, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a copyright holder of a “D” program, which is a 3D design program, such as mechanical design, printing, and painting modeling (hereinafter “instant program”).

B. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a corporation that manufactures and sells an automatic supplier of parts specialized in precision processing of machinery parts, and Defendant C is the representative director of the Defendant Company.

C. On December 20, 2017, the Defendants violated the Copyright Act (hereinafter referred to as the “Defendant C”) by installing H 1 and I3 reproduction programs, the Plaintiff’s work, at the Company E, F, and B’s office computers located in Ansan-si, from the date of the absence before March 16, 2017 to March 16, 2017, and thereby infringing on the copyright of the victim. The Defendant Company, its representative, at the same time, infringed on the copyright of the said victim in relation to the Defendant Company’s business as above, at the above time, at the above location, and at the above location.” The Defendant Company was sentenced to a fine of KRW 5 million for each of the facts constituting the Defendant Company’s copyright (hereinafter referred to as the “each of the instant instances”). The said decision became final and conclusive at that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Whether to recognize liability for damages;

A. The governing law of this case is the case where the Plaintiff established in the United States, a corporation established in the Republic of Korea, and the Defendants, who are nationals of the Republic of Korea, claim compensation for damages on the ground of copyright infringement of computer program works created in a foreign country, and thus, this case

The infringement of intellectual property rights is a legal relationship concerning "protection of intellectual property rights" in addition to the applicable law on illegal acts (Article 32), taking into account that there is a special nature different from the general illegal acts.

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