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(영문) 서울중앙지방법원 2020.11.27 2018가합553460
손해배상(기)
Text

Defendant D and E jointly provide the Plaintiff with KRW 230,00,000 and 5% per annum from April 1, 2017 to November 27, 2020.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that carries on business of developing, producing, and selling computer programs, and is the copyright holder of F and G programs, which are designed, 200 Formula and manufacturing program.

B. According to Article 2 of the JA of the I Institutions established by jurisdiction in order to contribute to the strengthening and promotion of the H industry competitiveness, Defendant B institutions are juristic persons, respectively. A public corporation jointly established by the I Institutions is the president of the Defendant B Institutions, Defendant C is the president of the Defendant B Institutions, Defendant D and E are the director of the machinery design public administration and the director of the gold design public administration of K, respectively, the education and training institute affiliated with the Defendant B Institutions (hereinafter “K”).

C. On February 1, 2017, Defendant D and E installed a G program applied with crack in K located in the Gwangju Mine, and installed at a computer of 46 units in a gold design and a training room, and used the G program for students from March 1, 2017 to March 17, 2017.

On August 14, 2017, Defendant D and E received a summary order of KRW 5,00,000 for each of the above facts constituting a crime of violation of the Copyright Act from the Gwangju District Court (2017 High Court) and the above summary order was finalized around that time.

(hereinafter referred to as “relevant criminal procedures”); (e)

On March 31, 2017, the Goyang District Public Prosecutor's Office executed a search and seizure warrant for N (N) which is an educational and training institution affiliated with Defendant B's office located in Pakistan, and discovered the F program to which cream is applied in the computer located in the lecture room.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, 7 through 10, Eul's 9 (including branch numbers; hereinafter the same shall apply), the purport of all pleadings

2. The parties' assertion

A. Plaintiff 1) Defendant D and E infringed the Plaintiff’s right of reproduction on the 46 G program, and employees affiliated with N infringed the Plaintiff’s right of reproduction on the 60 program. 2) Defendant C, the president of Defendant B’s institution, was the same.

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