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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following "2. Additional Judgment" as to the allegations added by the plaintiff in this court, and therefore, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. According to the Plaintiff’s agreement to use the Plaintiff’s software (Evidence A 13 and 14), the Defendant, a user of the Plaintiff’s software, has the duty to prove that the Defendant, as the user of the Plaintiff, has obtained the right to use by presenting the enclosed license certificate for the products
In addition, even if the contract is not based on such a contract, it is reasonable to view that the defendant is responsible for proving that the program has legitimate right to use.
B. 1) Comprehensively taking account of the overall purport of the statements and arguments set forth in Gap evidence Nos. 13 and 14, the Plaintiff’s respective MICTROSF Software License Agreement, which contains the following descriptions in each of the following items:
f. License Certificate (“PROF OICEE” or “POL”).
1. A certificate of right to use the authentic goods;
If you have acquired software in the actual package, you have the honor to the license to use the Micsoft certificate attached to the key of the authentic product.
Where online software is acquired and downloaded, the purchase certification received from the authorized electronic supplier of the Masoft products /PIN and Masoft software at the time of purchase is the license certificate.
The certification of purchase shall be subject to the confirmation according to the records of the purchaser.
2. The right to use the Round or Conversion. When doing so or converting the software, the licence shall be as follows: