1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On November 1, 2013, the Plaintiff, a company engaged in the development and sale of books, completed copyright registration of the book-based program that is “HU Clerks” developed by himself/herself by the Korea Copyright Commission (hereinafter “instant book-based program”).

B. On January 25, 2016, the Defendant posted the promotional materials containing the phrase “C” made by using the body of the instant letter program on the B website, while operating an agency for editing newspapers in the name of “B”.

C. After that, around April 7, 2016, the Defendant deleted the publicity phrase using the above letter or revised it into another letter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the fact of recognition as above, since the defendant violated the plaintiff's property right by using the letter program of this case, which is the plaintiff's computer program work without permission, the defendant is liable to compensate the plaintiff's damages pursuant to Article 750 (1) of the Civil Code.

B. Under Article 125(2) of the Copyright Act, the Plaintiff is liable for damages against the Defendant for the payment of KRW 3,630,000 (the amount equivalent to the amount ordinarily entitled to exercise of the right) under a contract to use the instant letter program as “an amount equivalent to the amount ordinarily entitled to exercise the right.” (2) Article 125(2) of the Copyright Act refers to the amount objectively equivalent to the amount which the infringer would have paid as the price for use if the infringer would have obtained permission for the use of the copyrighted work. If the copyright holder does not enter into a contract to use the copyrighted work or receive the usage fee, the amount is generalized in the industry.