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(영문) 서울중앙지방법원 2015.04.03 2014가합504644
손해배상(지)
Text

1. The Defendant’s KRW 193,756,00 for each Plaintiff and each Plaintiff and KRW 5% per annum from June 27, 2013 to April 3, 2015.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a copyright holder of various computer programs, such as Adbe Acrobat X pro, Suin program, photo correction, and similar graphic design software type, Adbebebeer, a similar graphic design software group, a video editing and broadcasting production, and the fixed price of each program is indicated in the annexed sheet “unit price” column. 2) The Defendant is a person operating the instant private teaching institute (hereinafter “private teaching institute”) which is a lifelong education and vocational training institute for computers and computer accounting operated by B through the following process.

On April 22, 2013, the process of acquiring the instant private teaching institute on the date of the sequence 1, 2013, by adding the Defendant to the lessee under a lease agreement for the building located in the instant private teaching institute; on June 25, 2013, the alteration of the lease agreement between the Defendant and B, on June 27, 2013, the alteration of the founder and manager of the private teaching institute under the joint name between the Defendant and B, on October 14, 2013; and on October 17, 2013, the alteration of the establishment and manager of the private teaching institute under the joint name between the Defendant and B as the Defendant’s sole name

B. On October 17, 2013, the Plaintiff’s copyright infringement and criminal punishment 1) the police’s search and seizure of the instant private teaching institute was conducted on October 17, 2013. From the computer of the said private teaching institute, the program “program” recorded in the separate list owned by the Plaintiff without the Plaintiff’s consent was found to be identical to the quantity indicated in the “number” column. (2) The Defendant, as seen above, obtained 95 copies of the reproduction program (hereinafter “instant reproduction program”) as shown in the separate list without the Plaintiff’s consent or permission, and used them for business purposes, and claimed a summary order of KRW 3 million on November 25, 2013 for a summary order of KRW 3 million on the ground that the Defendant infringed the Plaintiff’s copyright (Seoul District Court Decision 2013Da27025).

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