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1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
1.
Reasons
1. Facts of recognition;
A. Plaintiff Microfrate Co., Ltd. (hereinafter “Plaintiff Microfrate”) is the author’s economic right holder of the “windows” program and the “odow” program, a computer operation system, and the Plaintiff, the Plaintiff Co., Ltd. and the computers (hereinafter “Plaintiff’s Korean and Computer”) are the author’s economic right holder of the “Korean” program.
B. The Defendant is a patent firm incorporated on May 17, 2012 to perform the duties of patent attorneys.
C. The Defendant’s office has 32 office-based computers, and the Defendant’s officers and employees have installed and used 32 Plaintiff Microftrop’s window program, 29 Opip program, and 28 Plaintiff’s Korean language program on a computer, purchased with each good around August 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1, 8 evidence, Eul evidence 1 to 4, the purport of the whole pleadings
2. Determination
A. The plaintiffs' assertion, in light of the circumstances that the defendant copied and used the plaintiffs' program which the defendant should use to perform its business as patent firm, infringed copyright, and purchased the plaintiffs' program en bloc around August 2014 to conceal this, the defendant's officers and employees should be deemed to have used the plaintiffs' program unlawfully prior to this, and therefore, the defendant is liable to compensate for damages suffered by the plaintiffs due to copyright infringement.
B. The following circumstances, which are acknowledged by comprehensively taking account of the overall purport of the pleadings in each of the aforementioned evidence and evidence set forth in Nos. 5 through 9 (including virtual numbers), namely, the Defendant used the window XP program until before the purchase of Plaintiff Microsoft’s program, and the window XP program was installed by the window.