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(영문) 서울중앙지방법원 2016.11.23 2014가단5343724
손해배상(지)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's ground for claim

A. On June 30, 2015, the Defendant’s performance of duties, which had been established around around 2002 and has been performing various duties of accounting corporations, requires the Plaintiff’s window, OS, and ms license programs. As of June 30, 2015, the Defendant stated that 23 executives and employees of the Defendant (in 9 certified public accountants, 14 employees) are personal or legally purchased under the name of another corporation, OS 48, and ms license 47, and that the Plaintiff’s copyright was not infringed.

B. However, among the program key numbers submitted by the Defendant with respect to each of the above programs, the window OS 42, and ms license 63 are not only for the technical protection measures to prevent unauthorized reproduction of the program, but also for the purchase and possession of the pertinent license, and even if viewed otherwise as the material for the purchase of the license, there is no data for the window 35 (48 - 13), the remainder of the shortage, even if it is viewed as the material for the purchase of the license.

C. Moreover, only after the Plaintiff’s instant application for conciliation, the Plaintiff purchased and installed the license, or purchased only the license after the Plaintiff’s application for conciliation, and then did not install the relevant program until the Plaintiff confirmed, the Defendant’s unauthorized reproduction and use of the OS program 9 and ms license program 28.

Oex 289,000 432,427,00 Commission 8.172,000 447,568,000 Total 19,95,000 19,95,000

D. Considering the above, the Defendant, either intentionally or by negligence, makes a copy of the Plaintiff’s window OS program 44 (35) and msp license program 43 (15 and 28) (hereinafter “the instant program”) on computers or impliedly accepts the reproduction of officers and employees.

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