(영문) 서울남부지방법원 2016.06.17 2015나58377

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Reasons

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자간(%)

(영문) 서울남부지방법원 2016.06.17 2015나58377

손해배상(지)

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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

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a copyright holder of a window program, which is an essential operating system of a personal computer, and a personal and office mpact program.

B. On April 3, 2009, the Defendant is an accounting corporation established for the purpose of accounting audit, etc., and has two branches, other than the head office, including Japan (Seoul Guro-do 337), Gangnam-gu 238 (Seoul Gangnam-gu Megro 238) and Gangnam-gu Megro.

C. On September 16, 2014, the Plaintiff rendered the instant application for mediation by Seoul Southern District Court 2014M26783 by deeming that the Defendant illegally reproduced and used the Plaintiff’s window program and the Oralle Program, and the said written application for mediation was served on the Defendant on September 23, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 19-1 and 2, purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The plaintiff's assertion (1) in the defendant, who is an accounting corporation, is essential to the plaintiff's window and error program in performing his/her duties, and the defendant must prepare the plaintiff's program in compliance with the number of officers and employees (66).

However, the defendant did not submit the data about the license of the programs held and used by the defendant corporation in the process of the conciliation of this case or the trial of this case, and submitted the details of the plaintiff's program license purchase that the defendant had used as of the date of the appellate trial. In light of the fact that the date of the purchase of the program (the head office and the date of the branch office) or the date of installation (the date of the branch office and the date of the branch office) is after the date of the application for conciliation of this case, the defendant purchased the latest program license corresponding to the type and quantity of the works previously reproduced and used without permission, and then deleted the existing program and installed it.

If so, the defendant intentionally or negligently caused the defendant's officers and employees.

유사 판례

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