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(영문) 서울중앙지방법원 2016.11.23 2014가단5353004
손해배상(지)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's ground for claim

A. As of June 10, 201, the Defendant’s performance of its duties, which had been established around around 2001 and has been performing various duties of accounting corporations, requires the Plaintiff’s window, OS, and ms license programs. As of June 10, 2015, the Defendant stated that 38 executives and employees of the Defendant (18 certified public accountants and 20 employees) are personal or legally purchased under the name of another corporation, and that OS 52 and ms license 52 are being used. Therefore, the Plaintiff’s copyright is not infringed.

B. However, among the program key numbers submitted by the Defendant with respect to each of the above programs, the window OS 42, and ms license 48 are not only for technical protection measures to prevent unauthorized reproduction of the program, but also for the purchase and possession of the pertinent license, and even if viewed otherwise as the material to purchase the license, there is no data to use the window 10 (52 - 42), ms license 4 (52 - 48) for the remainder of the shortage.

C. Moreover, only after the Plaintiff’s instant application for conciliation, the Plaintiff purchased and installed the license, or purchased only the license after the Plaintiff’s application for conciliation, and then did not install the relevant program until the Plaintiff confirmed, 33 and 35 of the window program without permission can be deemed to have been used by the Defendant without permission.

Oex 289,000 39,271,000 wind 8.172,000 437,396,000 total 18,667,000 18,667,000

D. Considering the above, the Defendant, either intentionally or by negligence, makes a copy of the Plaintiff’s window OS program 43 (10 33), mp license program 39 (4 35) (hereinafter referred to as “the instant program”) on a computer or impliedly accepts the reproduction of its officers and employees.

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