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(영문) 대구지방법원 김천지원 2018.08.21 2017가단34864
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company for the purpose of developing, producing, and selling computer programs, and is D, E, F, G, H, I, J, K, L, M, N,O, P, and Q copyright holder.

B. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company established for the purpose of the manufacture of mobile phone equipment, and Defendant C served as the representative director of the Defendant Company.

C. On the computers used by the employees of Defendant Company, the same program as the attached list (hereinafter “instant program”) in which the Plaintiff had copyright was illegally reproduced and installed. In this regard, the Defendants installed the reproduction of the instant program in which the Plaintiff had copyright on the computer from around 2012 to July 9, 2014, and infringed the Plaintiff’s copyright by using it on business.

‘The Copyright Act' was prosecuted for committing a crime (violation of the Copyright Act) and was issued a summary order on December 30, 2014 (Tgugu District Court Kimcheon-si 2014 High Court Decision 7091).

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings

2. Determination

A. In full view of the evidence adopted prior to the determination of the cause of the claim and the statement No. 4-1 to No. 3 of the evidence No. 4, the employees of the defendant company committed an unlawful act of infringing the plaintiff's copyright by reproducing the program of this case, which the plaintiff owned by the defendant company, without permission, while conducting the work of the defendant company, and the defendant C, the representative director of the defendant company, neglected the above duty of care to prevent such infringement.

Therefore, unless there are special circumstances, Defendant C is the employees of the Defendant Company and the joint tortfeasor, and the Defendant Company is jointly and severally liable for damages incurred to the Plaintiff due to copyright infringement of the instant program as an employer of the employees of the Defendant Company.

B. Determination as to the defendants' defense 1.

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