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(영문) 서울중앙지방법원 2016.08.24 2015가합580515
손해배상(지)
Text

1. The Defendant: (a) 2,606,900 won for Plaintiff Microfrate and Corfrate; and (b) 732,000 won for Plaintiff’s Korean and computer.

Reasons

1. Facts of recognition;

A. The Plaintiffs are companies with the purpose of developing, manufacturing, and selling computer programs, and the Defendant is an individual entrepreneur who runs the wholesale business of communications equipment and parts under the trade name of “B”.

B. The Defendant’s copyright infringement and criminal punishment 1) around March 3, 2015, without the consent of the Plaintiffs at the above B office, the Defendant: (a) one set of 2007 Standler 2010 Standler 2010 Stffice 2010 Procedler 2013 Hffice 2013 Hindow and Busi business; (b) three Window 3; (c) three in Korean in which the Plaintiff and CF computer own the author’s property right; (d) three in Korean 2010 with the Plaintiff’s intellectual property right; (e) SSPudio Suu 2014; and (e) one in Deflueer 8.0; and (e) one in HFS 130a; and (e) one in each of the instant computer program held the author’s property rights.

(2) After reproduction, the Defendant was issued a summary order of KRW 50,000 on July 7, 2015 (Seoul Southern District Court Decision 2015Da8071), and the above summary order became final and conclusive as it is, for the crime of violation of the Copyright Act, which committed an infringement on the Plaintiffs’ property rights by installing and using each of the instant programs after reproduction of each of the instant programs.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings

2. According to the facts of recognition as above, the defendant is obligated to compensate the plaintiffs for damages caused by the above tort in accordance with Article 125 of the Copyright Act, since it violated the plaintiffs' property rights by installing each program of this case in which the plaintiffs held property rights without permission.

3. Scope of liability for damages

A. The Plaintiffs’ assertion is ordinarily entitled to the damages that the Defendant is liable for, by exercising their rights under Article 125(2) of the Copyright Act.

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