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1. The Defendants jointly share KRW 75,000,000 with respect to the Plaintiff and 5% per annum from January 22, 2014 to January 10, 2020.
Reasons
1. Basic facts
A. The plaintiff is a copyright holder of "D", which is a computer program used for numerical smoke, visualization, and upper level display.
B. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company established for the purpose of manufacturing precision devices and designing computer systems, etc., and Defendant B is the representative director of Defendant 1.
C. The Defendants received a summary order of KRW 1,00,000,000, respectively, on July 28, 2014, from the time when the date and time were unknown to January 24, 2014, for Defendant 1’s office computers, by reproducing one of each of the programs of “E”, “F”, and “G” programs (the product name of the D program according to the date of withdrawal, server, etc.; hereinafter in this case, “the program’s program’) without permission, and thereby infringing the Plaintiff’s computer program copyright. The said summary order became final and conclusive around that time.
(Ground for recognition) Gap evidence 1-3, Eul evidence 6, 7, the absence of dispute, the purport of the entire pleadings, and the purport of the whole pleadings
2. The parties' assertion
A. The Defendants’ summary of the Plaintiff’s assertion were unlawfully reproduced the instant program without permission; E is set at KRW 252,90,000; KRW 313,770,000; KRW 360,695,00 in case of G; and KRW 360,695,00 in case of G, respectively; thus, the Defendants jointly seek payment of KRW 300,000,000 in the amount ordinarily entitled to payment upon the Plaintiff’s exercise of rights pursuant to Article 125(2) of the Copyright Act and damages for delay.
B. The gist of the Defendants’ assertion was the Defendants’ reproduction of the entire program of this case, but only used the basic cap necessary for their business, and the basic cap used by the Defendants has been permitted to use at KRW 2,750,000 per program. Thus, it cannot be viewed as the amount that the Plaintiff would normally receive from the Plaintiff by exercising his/her right.
3. Determination
A. As seen earlier, the liability for damages occurred.