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(영문) 수원지방법원 2018.11.15 2016가합83149
손해배상(기)
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. Basic facts

A. The Plaintiff is a copyright holder of D (hereinafter “instant program”) who performs functions such as numerical interpretation, calculation based on processions, visualization of data, etc. as a company aimed at developing, producing, and selling computer programs.

B. Defendant B (hereinafter “Defendant Company”) is a company that manufactures machinery for the manufacture of flat panel displays (a load so that the level of the machinery can be maintained closely), and Defendant C was a person who served as the representative director of the Defendant Company from March 25, 2009 to August 8, 2013.

C. E, F, and G, an employee of the Defendant Company, were reproduced, without permission, the installation file of the instant program on the Defendant Company’s business-use computer.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 15, and 29, the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion 1) Defendant C, as the former representative director of the Defendant Company, assisted the Defendant Company’s employees in violation of the above duty of care to prevent infringement of the Plaintiff’s right of reproduction by reproducing the instant program without permission on the company’s computer in the course of performing his/her duties, and thereby aiding and abetting the Defendant Company’s employees from infringing the Plaintiff’s right of reproduction. As such, Defendant C, who was the former representative director of the Defendant Company’s claim against the Defendant Company, committed joint tort infringing the Plaintiff’s copyright with the employees of the Defendant Company, and thus, the Defendant Company is jointly and severally liable for damages incurred to the Plaintiff in the course of performing his/her duties as the representative director pursuant to Articles 389(3) and 210 of the Commercial Act.

In addition, the defendant company is an employer of the defendant's employees.

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