1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is a copyright holder of a “C” letter program (hereinafter “instant letter program”), which is a company engaged in the development and sale of letter, etc.

B. The Defendant, under the trade name of “D”, has operated a business of providing educational programs to schools or kindergartens, and, around 2013, E, the Defendant’s employee, offered a design for “F kindergarten” smartphone clocks at F kindergarten according to the Defendant’s instruction.

C. On August 27, 2018, the Plaintiff was placed on the F kindergarten website.

The Defendant asserted that the Plaintiff infringed on the Plaintiff’s copyright of the instant book program by checking the container, etc., and by producing a display case, etc. using the phrase “F kindergarten” and “credit cards” as the instant book without permission, and filed a complaint against the Defendant.

On February 14, 2019, the Daegu District Public Prosecutor's Office rendered a disposition against the defendant and E without any suspicion (Evidence of Evidence) on the ground that the letter used in the phrase, such as the plaintiff's complaint, "F kindergarten," was not identical with the letter of this case, and that the letter may receive the letter through other routes, etc. (Article 762 of the Daegu District Public Prosecutor's Office 2019 type 762).

[Grounds for Recognition] Unsatisfy, each entry or video of Gap evidence 1 to 6, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The summary of the Plaintiff’s assertion, E, an employee of the Defendant, committed an unlawful act that infringes the Plaintiff’s copyright on the instant letter program by reproducing the instant letter program without permission for use in FF kindergarten display.

Since the defendant neglected the duty of care and supervision as E’s employer, pursuant to Article 756(1) of the Civil Act, it is obligated to pay to the plaintiff a total of KRW 3,520,000, which is equivalent to the fee for the instant letter program in compensation for damages, and damages for delay.

B. Determination Doctrine, Gap 4-.