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1. The Defendants jointly share KRW 7,00,000 with respect to the Plaintiff and 5% per annum from July 31, 2019 to June 26, 2020.
Reasons
1. Basic facts
A. The Plaintiff is a company that holds the copyright of D and E (hereinafter “instant program”), a multi-level design program for machinery and parts, and the Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company that engages in the production of car and home appliances and the production of gold-type. The Defendant C is the representative director of the Defendant Company.
B. The employee F of the Defendant Company: (a) was arbitrarily installed in Defendant Company’s computers and used up to November 6, 2018, with the knowledge of the fact that the reproduction was made without the Plaintiff’s permission, of two programs and one copy of the E program (hereinafter “the reproduction of this case”).
C. On February 15, 2019, the Gwangju District Court issued a summary order that: “Defendant C and the Defendant Company were punished by a fine of KRW 1,000,000 by violating the Copyright Act on criminal facts constituting “The reproduction of this case was installed in the Defendant Company’s computer and had employees use it for business; the Defendant Company infringed the Plaintiff’s copyright as above; and the Defendant Company, the representative director, issued a summary order that the Defendant C and the Defendant Company were punished by a fine of KRW 1,00,000,” and the above summary order
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, testimony of witness G, party principal examination result of defendant C, purport of whole pleadings
2. The Defendant Company’s employee infringed the Plaintiff’s copyright by installing and using the reproduction of this case in Defendant Company’s computer without the Plaintiff’s permission, which is the copyright holder of the instant program. Therefore, the Defendants jointly and severally are liable to compensate the Plaintiff for damages incurred to the Plaintiff.
Article 125 (2) of the Copyright Act provides that the scope of compensation for damages shall be limited to the amount of damages that the person who has infringed his/her rights intentionally or by negligence claims compensation for damages caused by the act of infringement.