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(영문) 서울중앙지방법원 2018.11.09 2018가합505157
손해배상(지)
Text

1. The Defendants jointly share KRW 30,000,000 with respect thereto to the Plaintiff and the period from March 15, 2016 to November 9, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a copyright holder of a computer program D, a numerical smoke, visual picture, and upper level level display programming, and Defendant B (hereinafter “Defendant Company”) is a company that develops and manufactures engine control devices. Defendant C is an employee of the Defendant Company (the head of the software team).

B. Defendant C set up an Ebert (hereinafter “instant program”) on his own computer via the Internet P2P website to use it for the Defendant Company’s business. On March 15, 2016, Defendant C connected the Plaintiff Company’s website and downloaded F out of the options of the instant program to the said computer.

If the nature of “G” (H) in which the instant program was stored in the computer used by Defendant C, the date of the first creation appears on May 11, 2012.

C. Defendant C received a summary order issued from Daejeon District Court on November 17, 2016, and the summary order became final and conclusive as it is, on the grounds that “the Defendant Company violated copyright by reproducing the instant program without the Plaintiff’s consent.”

Daejeon District Court No. 2016 High Court Decision 201144, Defendant Company’s fine of KRW 3 million, Defendant C’s fine of KRW 3 million). D.

On the other hand, the Defendant Company received a task to develop hardware and to develop software applied technology in the engine control device (Engine unit, EGU), among the I development tasks supervised by the Ministry of Trade, Industry and Energy at the end of 2013, and purchased from the Plaintiff 39,689,100 won for the purpose of performing the task.

The Defendant Company removed the instant program from Defendant Company’s computer after unauthorized reproduction of the instant program was discovered.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-5, 11, and

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