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(영문) 부산지방법원 2020.09.16 2018가단315386
손해배상(기)
Text

1. Defendant E and F shall each Plaintiff KRW 5,00,000 and 5% per annum from August 11, 2015 to September 16, 2020.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established for the purpose of developing, producing, and selling computer programs, which is a computer program, and has copyright. The Defendant Company (hereinafter “C”) is a juristic person established for the purpose of designing and manufacturing pressure valves and pressure devices. Defendant D is the representative director of the Defendant Company, and Defendant E and F are the employees of the Defendant Company.

B. On August 10, 2015, Defendant E and F stored the compressed files of H program (hereinafter “instant program”) owned by the Plaintiff without the Plaintiff’s permission in the lower drive for the Defendant Company’s business purpose. However, the said Defendants did not install and implement the instant program. C. The Plaintiff infringed the Plaintiff’s copyright by illegally reproducing the instant program on the Defendant Company’s computer without the consent of the copyright owner.

On October 26, 2015, the Prosecutor of the Changwon District Prosecutors' Office filed a complaint as a violation of the Copyright Act, and on October 26, 2015, the program of this case was saved in a compressed state, but the program of this case was stored in a compressed state, and there was no data implementing the program of this case, and the person who acquired the reproduction made by infringing copyright in order to be constituted as a violation of the Copyright Act should use it for business purpose. Thus, there was no data requested to operate

For the reason that "the defendant company or D was suspected of having been prosecuted, and was not subject to disposition of non-prosecution."

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 11, the purport of the whole pleadings

2. The Defendants seek damages for copyright infringement at the time of the lapse of three years from October 26, 2015, which is the date when the Plaintiff filed a complaint against Defendant Company and D as a violation of the Copyright Act, and received a disposition of non-prosecution.

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