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(영문) 서울중앙지방법원 2016.01.20 2014가단5066089
손해배상(지)
Text

1. The Defendant Tax Accounting Corporation’s Shin Royon (hereinafter “Defendant Tax Accounting Corporation”) shall be KRW 27,790,000, and the Plaintiff Co., Ltd.

Reasons

1. Facts without dispute;

A. The Plaintiff Microfrate Co., Ltd (hereinafter “Plaintiff Microfrate”) is the author’s property right holder of the “ Commission”, “Offe,” and “Excel” program, a computer operation system. The Plaintiff Co., Ltd. and the Plaintiff’s Korean Computer (hereinafter “Plaintiff’s Korean Computer”) are the author’s property right holder of the Plaintiff’s Korean language and “compact” program.

B. Defendant tax accounting corporation’s new succession (hereinafter “Defendant corporation”) is a corporation established around December 2002 for the purpose of conducting tax-related business affairs. Defendant corporation’s new succession or consulting (hereinafter “Defendant company”) is a company established around April 2007 for the purpose of conducting business affairs related to Chinese investment and management consulting.

C. On September 2013, the Defendants were using their respective computer programs without permission, and filed a complaint against the Defendants as a violation of the Copyright Act. On November 28, 2011 of the same year, the Defendants were subject to a disposition by an investigation agency to the effect that they were suspected of having been subject to a disposition by the investigation agency, and on January 16, 2014, filed the instant application for mediation against the Defendants.

The Defendants requested the Plaintiffs to submit data on the purchase of each of the above programs used by the Defendants during the instant lawsuit, and the Defendant corporation submitted to the court on March 17, 2015 the data on the purchase of the Plaintiff Microsoft program 5, the Orsof’s Commission program 13, and the Plaintiff’s Hansof’s Koreacom Program 10.

(E) The program purchased by the defendant corporation prior to the above criminal complaint. (e)

On the other hand, on October 22, 2013, the defendant corporation purchased 14 Korean Language Programs of the plaintiff and computer on October 22, 2013 and one set of Hancom Program on November 21, 201 of the same year and acquired its license. The defendant corporation also acquired its license on October 21 of the same year.

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