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1. The Plaintiff:
A. Defendant B and C jointly share KRW 85,500,000 and those related thereto from August 22, 2016 to August 23, 2019.
Reasons
1. Facts of recognition;
A. On July 1, 2008, the Plaintiff is a copyright holder who created “E Program (Registration Number: F. F. hereinafter “instant Program”)” and completed the registration of the instant Program with the Korea Copyright Commission on G Date.
On April 23, 2010, A provides B with a screen golf program so that it will provide B with a license for implementation of the program so that it can be done only by the principal.
1. to 3. omitted;
4.This Agreement shall not sell or give to a third party any title of action provided by A only to B, with the right to exploit it, and shall be liable for civil and criminal liability as a matter of course confirmed in the implementation program that the assignment to a third party has been made, and shall be liable for damages.
5. Aviation omission;
B. On April 23, 2010, the Plaintiff concluded an agreement (hereinafter “instant utilization agreement”) with the following purport: (a) granting Defendant B a license to exploit the source code of the instant program so that it can only be modified and used by itself; and (b) the Plaintiff cannot sell the source to a third party for free or at a cost, or donate it to a third party for a fee.
C. However, on June 11, 201, Defendant B granted individual sales of the instant program to Nonparty H, and received certain profits, and transferred the entire program including the source code of the instant program on October 28, 2011. H granted permission to Defendant C, who runs the Defendant Company I receiving KRW 3.6 million on December 22, 2011, including the right to revise and modify the instant program, and then granted permission to use the instant program to Defendant D, who operates the company JJ again on March 29, 2012, after receiving KRW 3.2 million on the instant program and receiving correction and alteration rights.
Since then, Defendant C is a program called K (K; hereinafter “instant K program”) by partially transforming the program permitted for use by H.