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(영문) 창원지방법원 마산지원 2017.01.25 2015가합212
손해배상(기)
Text

1. The Defendants jointly share KRW 695,800,000 with respect to the Plaintiff and the period from February 24, 2015 to January 25, 2017.

Reasons

1. Facts of recognition;

A. The status of the parties and the Plaintiff’s computer program is a company with the purpose of developing, producing, selling, etc. the computer program indicated in the “computer” column in the attached Table “S” (hereinafter “computer program”). Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in manufacturing, selling, etc. the work machinery, and Defendant B is an employee of the Defendant Company.

B. Each of the instant programs is organized and used. (1) Each of the instant programs consists of “media” and “license file.” (1) The term “media” refers to an individual software that has functions, such as the interpretation of drawings and specifications.

[2] As a result, when a user enters specific data values of the structural design, the user performs the function of interpreting them and deriving the result thereof. ② The “license file” plays the role of determining whether the program user is entitled to use each racker in the process of seeking media and deciding whether to implement it. Therefore, when a user executes a specific racker to implement it, the relevant racker is asked for license’s existence and order, and the license file plays the role of ordering and ordering the use of media. (ii) Of each of the instant programs, the user has legitimate authority in using media. (iii) Of the instant programs, the media is distributed free of charge to consumers in the form of a racker, which contains all rackers, and (iv) the license file is provided to consumers for compensation only when the consumer purchases it.

3) The Plaintiff, who intends to use each of the instant programs, shall file the relevant program (a license file of the cap) with the person who intends to use the program.

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