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(영문) 수원지방법원 2016.06.21 2015가합61838
손해배상(지)
Text

1. The Defendant’s KRW 500,000,000 as well as the Plaintiff’s annual interest from February 24, 2015 to June 21, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company running the business of manufacturing the software for information and communications.

From October 1, 1995, the defendant was serving as the employee of the plaintiff and withdrawn on December 31, 2001, and the defendant was the person who actually operates C as the representative of the non-party B who is the defendant's wife.

B. On April 2006, the Plaintiff filed a complaint against the Defendant as a violation of the Unfair Competition Prevention Act against the other party. The content was that the Plaintiff supplied the Plaintiff with the program “E which reproduced or remodeled the “D” developed by specializedizing the packaging manufacturing business.

C. After that, on September 7, 2006, the Plaintiff and the Defendant prepared a protocol of mediation (hereinafter “instant protocol of mediation”) with the following content from the government of Article 2 of the Program Deliberation and Mediation Committee:

1. Recognizing that the Defendant’s program, “E” (registration number F) and the program included in the program, are the reproduction or modification of “D”, which is the Plaintiff’s program, and undertakes not to violate copyright laws such as reproduction, adaptation, transmission, distribution, etc. of the program in the future, but not to infringe the Plaintiff’s copyright.

2. Before the date conciliation is completed, the Defendant’s business activities with respect to the Defendant’s delivery company and the companies maintaining and repairing the Plaintiff’s Parag. (1) program are discontinued without delay after the date conciliation is completed, and the business is discontinued due to the copyright infringement of the above program.

A written notice shall be given to 21 business entities, including B, by September 21, 2006, and a copy of the said notice shall be sent to the Plaintiff without delay.

3. The Defendant shall pay the Plaintiff KRW 7 million by September 21, 2006, as damages for the infringement under paragraph (1).

4. The defendant violated the obligations of paragraphs 1 through 3 by himself or through a third party, or the enterprise other than G and 21 enterprises, including G, shall be from the defendant.

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