1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

1. Facts of recognition;

A. The Plaintiff is a company that engages in the business of developing and selling letters.

B. The Defendant, as the representative of Company B, entrusted the outsourcing work of the phrase “C”-type company’s banner, and posted the phrase “hUbbac” among the banner publicity words using the HUbacty program (hereinafter “instant letter”) developed and copyrighted by the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 3, and 7, images of Gap evidence 6 and 8, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above fact of recognition of damages liability, the defendant is liable for damages since the defendant violated the plaintiff's author's property right by using the plaintiff's computer program, which is the plaintiff's computer program for commercial purposes without permission.

B. The scope of the Plaintiff’s liability for damages is seeking KRW 3,630,00,00 corresponding to the “user license agreement and additional user license agreement” as to the letter of this case, but such price is actually used in the pertinent industry.

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 work in the form of the license agreement presented by the Plaintiff, and thus, it is difficult to accept the Plaintiff’s assertion

Therefore, in accordance with Article 126 of the Copyright Act, a reasonable amount of damages shall be calculated in consideration of the purport of the entire pleadings and the result of the examination of evidence, and considering the overall purport of the aforementioned evidence, the defendant prepared the phrase "Magman" using the body of this case among the letter program, in which employees of the defendant corporation B, who were represented, were located in the middle and high computers, and used the body of this case without permission or download by the plaintiff, and ② the defendant is not used without permission.