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(영문) 서울남부지방법원 2019.01.24 2017가합109718
컴퓨터프로그램저작물 침해금지 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a copyright holder of a computer program related to E (E; hereinafter “instant system”) (hereinafter “software”) by a corporation operating the business of software program services, etc.

From May 2002 to May 2013, Defendant B is a person retired while serving as a software developer at the Plaintiff Company.

Defendant C (hereinafter “Defendant C”) is a corporation engaged in the business of manufacturing and installing electronic sign boards, and Defendant D Co., Ltd. (hereinafter “Defendant D”) is a corporation engaged in the business of maintaining and supporting software.

B. In 2007, the Plaintiff entered into a contract to establish and modify the instant system in each airport managed by the Defendant Korea Airports Corporation and the Defendant Korea Airports Corporation by 2016, including entering into a contract to establish the instant system with the Defendant Airports Corporation and the F and G Airport Corporation.

C. On May 2015, Defendant C and the Korea Airports Corporation entered into a contract to implement a project to improve information and communications facilities in H public port.

Defendant C established software provided by the Korea Airports Corporation with respect to the instant system, and did not separately develop software related to the instant system.

around November 2015, Defendant B received source codes of the instant system-related software established at H public port from the employees I of the Korea Airports Corporation (hereinafter “Korea Airports Corporation”) in the course of engaging in the work of covering (referring to the work of correcting errors in software) of the instant system-related software.

E. Around July 2016, Defendant D and the Korea Airports Corporation entered into a contract to establish the instant system in the G Public Port.

Defendant B established the instant system-related software at the G Public Port.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1, Eul evidence Nos. 1, 2, 5, 6, and 11, and the purport of the whole pleadings.

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