logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.11.17 2016가합76516
손해배상(기)
Text

1. The defendant is the defendant's 42,660,00 won and the plaintiff's mentor professional virtue.

Reasons

1. Basic facts

A. The Plaintiff Oral AC (hereinafter “Plaintiff Oral AC”) is a copyright holder of AutaCAD 2008, AutaCAD 2009, AutaD 2001, and AutaCAD 2011, which is a computer program, and Plaintiff Oral ACC (hereinafter “Plaintiff Oral Accom”) is an UG NX 6.0, UNX8.x copyright holder, a computer program.

B. As a result of the control of illegal reproduction of computer programs conducted on October 24, 2014, the Defendant, at the Defendant’s domicile, was found to have been illegally reproduced and installed on the computers of the above B offices. The kinds, quantity, and fixed price of each program discovered at the time (hereinafter “each program of this case”) are as listed below.

The sum total of the fixed value of the copyright company’s software products (won) Plaintiff Oisoca Auta 2008 3,740,000,660,000 AutaCAD 2009 14,740,000 Auta 2009 PiCAD 51,000 Auta 201 54,740,000,000 UG NX 6.0 51,000,000,000 UG NX 351,00,000,000

C. On August 26, 2015, the Defendant infringed the Plaintiffs’ copyright by reproducing each of the instant programs without permission and using them for business purposes. The Defendant was issued a summary order of KRW 5 million from the Suwon District Court due to criminal facts, and the said summary order became final and conclusive around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, witness C's testimony, purport of whole pleadings

2. Determination

A. According to the facts of recognition as above, since the defendant violated the plaintiffs' property rights by using each program of this case without permission, the defendant is obligated to compensate the plaintiffs for the damages caused by such act in accordance with Article 125 of the Copyright Act.

As to this, the defendant did not know the existence of each program of this case.

arrow