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(영문) 대구지방법원 2020.11.27 2019가단115515
손해배상(지)
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a global PLM software supplier, and Korea sells and provides specific computer software products and services to domestic consumers through E Co., Ltd.

On December 9, 2014, the Plaintiff registered the copyright of F10 Program in the United States.

B. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) is a corporation established for the purpose of manufacturing and selling gold-type products.

C. On October 12, 2018, the Plaintiff filed a request for an interview to Defendant D, the representative director of the Defendant Company, based on the user’s consent clause on the review of the Plaintiff’s software use. On October 31, 2018, the Plaintiff visited the Defendant Company and inspected 30 PCs being used.

On November 27, 2018 and December 20, 2018, the Plaintiff confirmed to the Defendants that “as a result of an interview with a license, the Plaintiff copied the F10 program, which the Plaintiff had copyright, from GPC’s office, from 1 Copy and HPC to 1 Copy without the Plaintiff’s permission, and stored and used it. At first, the Plaintiff notified the Defendants of each of the following: “At the time of confirmation with a license for non-fixed items, the Plaintiff may file a criminal complaint or civil lawsuit by fixing the amount of damages.”

E. Nevertheless, the Defendants did not purchase the Plaintiff’s F 10 program software.

[Grounds for Recognition] Facts without dispute, Gap evidence 1, 6 (including branch numbers), Eul evidence 6, the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff's assertion confirmed that the 10 program of F10 copyright owned by the plaintiff was reproduced from GPC, an employee of the defendant company, from 1 Copy and HPC to 1 Copy without the plaintiff's permission, and the defendants were using the above program without the plaintiff's permission.

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