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(영문) 창원지방법원마산지원 2020.02.20 2019가단100519
손해배상(기)
Text

1. Defendant B Co., Ltd.: KRW 61,380,000 for the Plaintiff and the period from February 23, 2018 to February 27, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates the business of developing, manufacturing, and selling computer programs. Defendant B (hereinafter “Defendant B”) is a company that engages in the business of manufacturing metal machinery, etc., and Defendant C is the representative director of Defendant B.

B. On February 23, 2018, in the process of police search and seizure of Defendant B’s office, 12 computer programs (hereinafter “each program of this case”) including 7 program, e program, 2 program, f program, 2 program, and G program, the Plaintiff’s copyright, were confirmed to have been reproduced and installed on Defendant B’s computer without permission.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Summary of the parties' arguments

A. As the employees of Defendant B’s assertion infringed the Plaintiff’s copyright by reproducing and installing each of the instant programs without permission, Defendant B is the employer, and Defendant C is liable to compensate the Plaintiff for the Plaintiff’s damages as joint tortfeasor.

B. The Defendants’ assertion 1) Defendant C is not liable for infringement of copyright of each of the instant programs. (2) The employees of Defendant B did not know that each of the instant programs was unlawfully reproduced and installed and used in the course of business. Therefore, the Defendants’ liability for damages should not be acknowledged or the degree of liability should be limited.

3. Determination

A. In full view of the above basic facts as to the existence of the Defendants’ liability for damages, Defendant B’s employees infringed the Plaintiff’s copyright by reproducing and installing each of the instant programs in Defendant B’s office computers without permission.

The defendant B, the employer, is presumed to have been negligent in infringing copyright pursuant to Article 125 (4) of the Copyright Act.

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