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(영문) 서울중앙지방법원 2018.05.10 2017가합562436
손해배상(지)
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. Basic facts

A. The Plaintiff is a company that engages in the business of manufacturing, selling, and installing automatic control devices. Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a company that engages in automatic control construction business, Defendant B is a representative director of the Defendant Company, and Defendant C is a person who serves as the deputy head of the Defendant Company.

B. On June 13, 2013, the Plaintiff entered into a contract for business transfer and takeover (hereinafter “instant transfer contract”) with the Korea Copyright Commission on the content of taking over the copyright of the program of this case, including the program of the instant case, from a part of the dypnetnet, and D (hereinafter “instant program”). On October 12, 2015, the Plaintiff completed the registration of the transfer of author’s property right of the program of this case on the ground of the instant transfer contract with the Korea Copyright Commission.

C. Meanwhile, on May 27, 2008, the Czenet applied for the commencement of rehabilitation procedures to the Seoul Central District Court on May 27, 2008, and on June 20, 2008, the same court rendered a decision to commence rehabilitation procedure 2008 Gohap36 on the Czenet, but abolished the rehabilitation procedure on August 1, 2013, and declared bankrupt on August 16, 2013.

(hereinafter) The above rehabilitation procedure and bankruptcy procedure are "the rehabilitation procedure of this case" and "the bankruptcy procedure of this case"). 【The ground for recognition of this case has no dispute, Gap's evidence Nos. 1, 2, 8, 15 through 20 (including paper numbers), Eul's evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. The plaintiff's assertion

A. On June 13, 2013, the Plaintiff acquired the copyright of the instant program by being transferred pursuant to the instant transfer agreement entered into with the Crannet on the part of the Plaintiff seeking compensation for damages caused by copyright infringement.

Even if the transfer contract of this case is not effective, the plaintiff is entitled to copyright of the program of this case in the bankruptcy procedure of this case.

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