1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

1. Facts of recognition;

A. The Plaintiff is a company developing and selling documentary programs, which develops and holds the “HU Cost 150” program (hereinafter “instant book”) and holds the copyright.

B. Upon receipt of C’s request from the Defendant operating “B” (hereinafter “instant assessment”), the Defendant sent the instant letter program free of charge to C, and then made and sent it to C by using it.

C. C posted the phrase “B” using the above body sent by the Defendant while performing the work of revising the instant assessment website.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 19, Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the facts of recognition as above, since the defendant violated the plaintiff's property right by using the plaintiff's computer program, which is the plaintiff's computer program work without permission, the defendant is liable to compensate the plaintiff's damage pursuant to Article 750 (1) of the Civil Code.

B. The Plaintiff is liable to compensate for damages pursuant to Article 125(2) of the Copyright Act. The Plaintiff is seeking to pay KRW 4,510,000 for usage fees stipulated in the instant letter’s license agreement, which is “an amount equivalent to the amount ordinarily entitled to receive by exercising the right” under Article 125(2) of the Copyright Act. The “amount equivalent to the amount ordinarily entitled to receive by exercising the right” refers to the amount objectively equivalent to the amount that the infringer would have paid if he had obtained permission for using the work. In the event that the copyright holder did not enter into a license agreement with respect to the work in question or receive any usage fees, if the copyright holder did not have entered into such agreement, the royalty generalized in the relevant industry may be considered as the basis for calculating the amount of damages caused by the infringement of the copyright, but the copyright owner may be deemed as the infringement