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(영문) 부산지방법원 2020.02.06 2019나48424
손해배상(지)
Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of appeal and the incidental costs of appeal shall be individually considered.

Reasons

1. Basic facts

A. On November 1, 2013, the Plaintiff, a company engaged in the development and sale of letters, completed the copyright registration of the book file program (D software; hereinafter “instant book program”) in which the book “C”, which was developed by himself/herself, was registered with the Korea Copyright Commission.

B. On October 2015, the Defendant: (a) received the instant letter program from Internet NAV Blobbbb, which was operated by the winners of the name cards, free of charge; (b) opened a beauty business establishment in the name of “F” in Suwon-gu, Busan; and (c) sent the instant letter program, which was kept by the signboard manufacturer’s operator, to use for manufacturing the signboard of the said beauty business establishment, by e-mail, to G.

C. G produced the instant letter program transmitted by the Plaintiff and the “F” sign, “C,” which is “F,” and the Plaintiff, around June 2016, posted and displayed the produced signboard on the front of a beauty and beauty business establishment operated by the Plaintiff, operated the said beauty and beauty business establishment from that time, and removed the said signboard around December 2016.

The defendant is on July 20, 2017, the Busan District Court's Dong Branch of Busan District Court.

However, on April 19, 2018, Busan District Court sentenced a fine of KRW 300,000 from the dong Branch of the Dong Branch of the District Court (2018DaDa1444), the above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, Eul evidence Nos. 1 to 3, the purport of the whole pleadings

2. The plaintiff asserted that the plaintiff suffered damages due to the defendant's infringement of intellectual property rights, so the defendant's compensation for damages is "a considerable amount of money that can be ordinarily received by the exercise of such rights" under Article 125 (2) of the Copyright Act, and the purchase cost of KRW 3,080,000 under the letter program use contract of this case is 1,980,000, 100.

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