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(영문) 서울중앙지방법원 2018.11.08 2017가합515553
손해배상(지)
Text

1. Defendant D and E jointly share 1,349,180 won for Plaintiff A and 363,800 won for Plaintiff B and each of the above.

Reasons

1. Facts of recognition;

A. The status of the parties 1) Plaintiff A (hereinafter “Plaintiff A”)

(A) “G” and “H” (hereinafter referred to as “G” and “H,” a computer program.

2) The Plaintiff Company B (hereinafter “Plaintiff B”) is the copyright holder of “J,” “J,” and “L” (hereinafter collectively referred to as “M program”). The Plaintiff C (hereinafter “Plaintiff C”) is the “N” (hereinafter referred to as “N program”) which is a computer program used for designing, designing, modeling, design, etc. in the field of gold, machinery and manufacturing industry.

4) Defendant D Co., Ltd. is the copyright holder. 3) Defendant Co., Ltd.

Defendant E is the representative director of the Defendant Company, and Defendant F is the employee of the Defendant Company.

B. The Defendants’ copyright infringement and criminal punishment of Defendant Company 1 infringed upon each of the Plaintiffs’ copyright by using the reproduction of each of the computer programs owned by the Plaintiffs without permission through the Internet as shown in the table below, at the office of Defendant Company from February 2, 2014 to March 11, 2014, Defendant E and its employees acquired the reproduction of each of the computer programs owned by the Plaintiffs as indicated in the table below.

‘A summary order of KRW 1 million was issued on February 11, 2015 by Suwon District Court Decision 2015 High Court Decision 201Da384, and the above order was finalized around that time.

The fact that Plaintiff A-1’s copyright owner’s computer program name and unauthorized reproduction volume work users (employees) Plaintiff A-1’s A-2H 8 P, Q,O, R, S, T, F3 Plaintiff B-5 P, U, V, F, and CN 1R 6 Plaintiff CN 1R 5 L 5 L 1 T, F, and Defendant F2, while Defendant A-W was “on January 9, 2015 from the Suwon District Prosecutors’ Office for criminal facts under the preceding paragraph.”

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