(영문) 서울중앙지방법원 2019.11.15 2017가합557861

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(영문) 서울중앙지방법원 2019.11.15 2017가합557861

저작권 침해정지 등

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On February 28, 2002, when C worked as a faculty member or associate professor at D University’s home department, C was the Plaintiff (the trade name at the time of its establishment was “E”) with the primary purpose of “the development and supply of the management system related to the prevention of nanotechnology” (the trade name at the time of its establishment was “E”) and changed in order to “F of the Stock Company” on April 14, 2005, and to the trade name as of August 7, 2006.

2) C has completed the program copyright registration on May 1, 2003 with respect to the program set forth in Appendix 1(1)(hereinafter referred to as “Class 1 program”) set out in Appendix 1(1) of the G date as the program copyright holder.

3) H (hereinafter “H”) upon receipt of a request from the Plaintiff for a program development service.

) The program listed in Annex I(2) of the I date (hereinafter referred to as “Class II program”) and the combination of the programs listed in paragraphs 1 and 2 shall be referred to as “Plaintiff Program”;

On September 30, 2009, as a copyright holder of the program, he completed the program copyright registration on his own as the creation date. The Plaintiff had H cancel the program copyright registration for the program No. 2, and completed the program copyright registration on September 30, 2009 with respect to the program No. 2 of JJ as a copyright holder of the program, and the creation date as of September 30, 2009. 4) C retires from the Plaintiff on December 2009.

5) With respect to the “L” program measuring the life and body of K date, the Plaintiff completed the registration of the program copyright on June 1, 2013 as the program copyright holder, and on June 1, 2013 as the creation date. B. A dispute between the Plaintiff on the program copyright and C on May 27, 2013 against the Plaintiff, which himself was the copyright holder of the first program, and the “L” program and “L” are the secondary copyrighted works of the first program. Therefore, without the Plaintiff’s consent, the production or body measurement service is paid by using the first program, the second program and “L” program, which are the secondary copyrighted works.

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