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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. In around 2004, Dong T-GLS Co., Ltd. (hereinafter “Dong T-S”) produced “T3-GLS”, a computer program for the International Logistics Management System.
(hereinafter referred to as “Plaintiff Program”). The Plaintiff Program revised or revised to be suitable for international logistics business to the extent that the computer program is suitable for international logistics business. The Plaintiff Program, the parent company, prior to its separation, is the parent company, the Dong Bureau Trade Co., Ltd., the parent company.
(hereinafter “instant trading program”). On July 20, 2012, the Plaintiff acquired the copyright of the Plaintiff’s program from Dong Tyd Co., Ltd., Ltd., and around March 2014, Defendant A Co., Ltd (hereinafter “Defendant A”) was aware that the Defendant Co., Ltd. (hereinafter “Defendant A”) was manufacturing and selling a computer program with functions similar to the Plaintiff’s program and user personal information.
(hereinafter “Defendant Program”). The Defendant’s production and sale of Defendant A’s program was made based on A’s primary trade program, but it was a separate independent work from that country’s trade program or a secondary work of that country’s trade program, which is an original work, thereby infringing the Plaintiff’s copyright on the Plaintiff’s program. As such, the Plaintiff seek a prohibition of copyright infringement and damages against Defendant A and its representative director, such as the written intent of the claim.
2. It shall be deemed that the Plaintiff’s program is a national trade program and a separate independent work.
A. Even if a work of a legal doctrine uses an existing work in the course of its creation, if the work cannot be inferred due to a newly added modification, the work shall be deemed a new independent work, as it does not have any substantial similarity with the existing work, and therefore, it shall be deemed a new independent work.
(b) No. 8 of the judgment No. 1.