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(영문) 서울중앙지방법원 2016.02.04 2014가합61994
저작권침해금지등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. On the premise, E and F developed a “enterprise VN program” which is a computer program for logistics management in around 2001. This is a program that enables the auto parts manufacturers to print supply cards and components labels by linking G stock companies (hereinafter “stock companies”) with the auto parts manufacturers, which are their subcontractors, by having them receive G orders and process data received and print the supply cards and components labels.

(hereinafter “Plaintiff Program”). Since its establishment on June 24, 2002, the Plaintiff is running a business that sells the Plaintiff’s program, maintains and repairs it, and sells bar codes, net labels, etc. necessary for the Plaintiff’s program. Since its establishment, the Plaintiff is a representative director and the F is an internal director.

Defendant C retired from office as the Plaintiff’s employee from March 1, 2007 to April 28, 201, and thereafter, Defendant C established the Defendant Company B (hereinafter “Defendant Company”) and took office as the representative director on March 22, 2012.

From September 1, 2007 to June 30, 201, Defendant D was serving as the Plaintiff’s employee and was serving as the inside director of the Defendant Company.

Around 2012, Defendant Company developed and sold a computer program listed in the separate sheet (hereinafter “Defendant Program”) and is also a logistics management program that enables the computerization of an order and an intermediate process of delivery between G and subcontractor.

[Reasons for Recognition] Evidence Nos. 1, 2, Eul's Evidence No. 4, the purport of the whole pleadings

2. Both claims;

A. The Plaintiff’s program constitutes a creative production expressed by a series of instructions and commands used directly or indirectly within a device having data processing capacity, such as a computer, in order to obtain specific results of the Plaintiff’s work as a work related to the Plaintiff’s business (Article 2 subparag. 16 of the Copyright Act), and its source code also constitutes a source code.

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