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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. Basic facts
A. On February 13, 2014, the Plaintiff, a company engaged in the development and sale of letters, completed copyright registration of the so-called “HU”, which was developed by himself/herself, with the Korea Copyright Commission, on a so-called “HU” (hereinafter “instant letter program”).
B. On August 18, 2016, the Plaintiff confirmed that the Defendant posted Internet promotional materials containing the phrase “the method of enhancing the rate of approval for the sunlight and the large exchange loan” using the instant letter program while operating the loan brokerage company in the name of “B”.
C. After that, the Plaintiff filed a criminal complaint against the Defendant on charges of violating the Copyright Act (Seoul Dong District Prosecutors' Office 2016 type 42765), and the Defendant received a disposition of suspending indictment on the condition of copyright education on October 27, 2016.
[Ground of recognition] A without dispute, entry of evidence No. 1, 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 the purchase cost of KRW 3,630,00 (2,530,000 under a contract for the use of the copyrighted work in addition to the derivative copyrighted work in KRW 1,100) under a contract for the use of the copyrighted work in this case. (2) The phrase “amount equivalent to the amount ordinarily entitled to exercise the right” under Article 125(2) of the Copyright Act refers to the amount objectively corresponding to the amount which the infringer would have paid as the price for use if he had obtained the permission for the use of copyrighted work.