1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Occurrence of liability for damages;

A. On January 12, 2016, the Plaintiff is a company that engages in the business of developing and selling letters. 2) The Defendant published the phrase “B” written by using the “HUdo 150” program, which the Plaintiff has copyright, in the upper part of the N.V. Do 150 (hereinafter “instant letter”).

3) Upon receipt of a summary order on the grounds of the above facts constituting an offense, the Defendant was sentenced to a judgment of suspension of the sentence of a fine of KRW 50,000,000 upon receiving an application for formal trial as prescribed by the High Court Branch Branch Decision 2016 high-level925. [The purport of each of the records or images of evidence Nos. 2, 11, and 14, and the whole pleadings

B. According to the above facts of recognition, the defendant is liable for damages as the defendant violated the plaintiff's author's property right by using the plaintiff's computer program without permission after reproducing the plaintiff's computer program.

2. The scope of the Plaintiff’s liability for damages is seeking KRW 6,380,00,00 corresponding to the “Usage Agreement and License Policy” with respect to the instant letter as the amount of damages, but the said value is actually accepted in the market.

In light of the content and period of the use of the instant letter, etc., it cannot be deemed that the Plaintiff used a similar form of copyrighted work in the form of the license agreement presented by the Plaintiff. Therefore, it is difficult to accept the Plaintiff’s assertion

Therefore, in accordance with Article 126 of the Copyright Act, the reasonable amount of damages should be calculated by taking into account the purport of the pleading and the result of the examination of evidence, and all the circumstances shown in the argument of this case, including the circumstance that the defendant used the letter of this case after downloading it, the number and use period of the letter of this case used by the defendant, the economic benefits that the defendant acquired, and the details of the "use right contract and license policy" submitted by the plaintiff.