1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

1. Basic facts

A. The Plaintiff is a copyright holder of D, which is a computer program used in the business of shooting, printing, drawing, structural interpretation, industrial design, etc. (current is changed to E’s name; hereinafter referred to as “the changed name”).

Defendant B (hereinafter “Defendant Company”) is a company engaged in the development, manufacture, sale, etc. of bathing goods, and Defendant C is the representative director of the Defendant Company.

B. Defendant C’s copyright infringement and criminal punishment 1) Defendant C’s copyright infringement and criminal punishment on December 2014, at the Kimpo-si Office of the Defendant Company F in Kimpo-si, Kimpo-si, Kimpo-si, 2014, the computer program G, a copyright of which is held by the Plaintiff without the Plaintiff’s consent (hereinafter “the instant program”).

(2) On December 23, 2016, Defendant C was issued a summary order (Seoul District Court Branch Branch Decision 2016Da14924) with a fine of KRW 1 million on December 23, 2016, and the said summary order became final and conclusive as is, on the grounds that Defendant C installed and used a reproduction made by infringing the copyright of the program of this case and infringed the Plaintiff’s property right by installing and using the reproduction made by infringing the copyright of the program of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3 and 4 (which include each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion

A. Defendant C, without the Plaintiff’s consent, infringed the Plaintiff’s property right by installing and using a reproduction of the instant program on the computers located in the Defendant Company’s office without the Plaintiff’s consent, is liable for compensating the Plaintiff for damages caused by tort pursuant to Article 125 of the Copyright Act. Defendant C is liable for compensating for the damages incurred by the Defendant Company.