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(영문) 서울중앙지방법원 2018.10.18 2018가합507023
손해배상(지)
Text

1. The Defendants jointly share KRW 24,000,000 with respect to the Plaintiff and the period from October 24, 2016 to October 18, 2018.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a computer program that is used in the business of shooting, printing, design, industrial design, etc. (the name of the new server that was already released was changed to E).

hereinafter referred to as “instant program”

(2) Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company established for the purpose of development, manufacture, and sale of software, and Defendant C is an employee of the Defendant Company.

B. Defendant C’s copyright infringement and criminal punishment of the Defendants committed the instant program copyright infringement on the ground that “A reproduction program created by the Plaintiff’s infringement upon the Plaintiff’s copyright from August 19, 2015 to October 24, 2016 at the building F in Seongbuk-gu, Sungnam-gu, and the office of the Defendant Company located in G, acquired and used for business purposes a reproduction program made by infringing the Plaintiff’s copyright,” and Defendant C, an employee, in relation to the said business, committed the instant violation, thereby infringing on the copyright of the instant program.

"A summary order of KRW 2 million was issued from the Sungwon District Court's Sungnam branch on May 22, 2017 (2017 High Court's 2017 High Court's 200,000 won) and the above summary order was finalized around that time.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 1 and 2, and the ground for appeal

2. According to the above fact of recognition of liability for damages, Defendant C committed a tort that infringes the Plaintiff’s property right to the instant program, and Defendant C’s company is the employer of Defendant C, and thus, Defendant C bears the employer’s liability for the above tort.

Therefore, the Defendants jointly have a duty to compensate the Plaintiff for damages caused by the tort pursuant to Article 125 of the Copyright Act.

3. Calculation of damages;

A. The Defendants asserted by the Plaintiff are “amount equivalent to the amount that can be ordinarily received by exercising their rights” under Article 125(2) of the Copyright Act to the Plaintiff.

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