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(영문) 서울중앙지방법원 2020.05.15 2019나40699
손해배상(저)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff’s copyright is a copyright holder of “C” (hereinafter “instant program”), which is a road design computer program, as a business of developing computer programs.

B. The Defendant used the instant program without permission from November 24, 2017 to January 22, 2018, reproduced and used the instant program without permission of the Plaintiff, the copyright holder, at his own office located in Guro-gu Seoul Metropolitan Government D and E.

C. The Defendant, as seen above, was charged with summary facts constituting a violation of the Copyright Act that infringed the Plaintiff’s copyright by using the instant program without permission, and the order was issued with a summary order of KRW 500,000, and the order became final and conclusive as it is.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 13, the purport of the whole pleadings

2. Occurrence, etc. of liability for damages.

A. According to the facts acknowledged prior to the occurrence of the liability for damages, the defendant, without the plaintiff's permission, used the reproduction of the program of this case for business purposes by installing it on the defendant's computer, thereby infringing the plaintiff's copyright, and thereby suffered damages to the plaintiff. Thus, the defendant is liable to compensate the plaintiff for the damages.

B. (1) The defendant's argument that the above negligence should be considered in relation to the scope of the defendant's liability for damages since the defendant neglected the plaintiff to take measures to prevent reproduction of the program of this case.

(2) The negligence in comparative negligence is also included in social norms, the principle of good faith, and the principle of good faith, but according to each description of evidence Nos. 4, 8, and evidence No. 1-1, the Plaintiff indicated the Plaintiff as the author in the instant program.

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