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(영문) 수원지방법원성남지원 2020.09.16 2019가단222477
손해배상(기)
Text

1. The Defendants jointly share KRW 132,270,000 to the Plaintiff and Defendant B with respect thereto from November 17, 2019, and Defendant C.

Reasons

1. The Plaintiff’s judgment on the cause of the claim is a company rendering online game “D” (hereinafter “instant game”) services as an enterprise engaging in online replacement and development business, etc.; Defendant B, in collusion with Defendant C, conspired with the Plaintiff to create and operate the private server of the instant game, which is an intellectual property right, to acquire profits in the name of the server support payments; and Defendant B, from October 2016 to January 2017, opened the “E site” for the purpose of enabling many unspecified persons to access the instant game from around 2017, with the view to opening up the “E site to allow them to access the online game in the form of a server support payment; Defendant C did not receive support payments from the above users upon request from the above users; Defendant C did not receive support payments from the above users; nor did Defendant C did it use the said game under the name of Nonparty C’s overall account or entered it in the name of Nonparty C’s total account number 20; Defendant C’s total account number No. 30 and the purpose of the payment.

The Defendants’ above act constitutes a tort infringing the Plaintiff’s copyright. The Defendants jointly have the obligation to pay 132,270,000 won, which is the damages incurred to the Plaintiff, and the following day after the duplicate of the complaint of this case was served to the Defendants, to Defendant B, and Defendant C, from November 17, 2019, to November 10, 2019, the amount equivalent to 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from November 10, 2019 to the day of complete payment.

2. Thus, the plaintiff's claim of this case is reasonable.

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