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(영문) 서울중앙지방법원 2016.07.08 2014가합50635
손해배상(지)
Text

1. The Defendants jointly share the Plaintiff KRW 429,006,666 and their interest therein from December 20, 201 to July 8, 2016.

Reasons

The facts below the status of the parties are either a dispute between the parties or acknowledged in full view of the overall purport of pleadings.

The Plaintiff is a company that develops and sells catab, which is a computer program that processes data analysis, numerical interpretation, application program and algorithm development, data visualization, etc. (hereinafter “instant program”), and is a copyright holder of the instant program.

Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in marketing interest and management consulting, etc., and Defendant B is the representative director of the Defendant Company.

Defendant B confirmed whether to use the instant program when employing new employees of Defendant Company, and assisted or induced the employees of Defendant Company to illegally reproduce and use the instant program, such as encouraging Defendant Company employees to use the instant program.

The employees of the Defendant Company used the instant program for business purposes by reproducing and installing it on computers in the Defendant Company’s office without the consent of the Plaintiff, a copyright holder, and the Defendant Company is the employer who actually directs and supervises the employees, and thus, the Defendant Company is liable for damages arising from the employer’s liability pursuant to Article 756 of the Civil Act regarding the infringement of copyright on the instant program

In addition, under Articles 289(3) and 210 of the Commercial Act, the defendant company is also liable for the illegal acts such as the defendant B's provisional clause of Article 35(1) of the Civil Act, which is a representative director of the defendant company.

The defendant's assertion that the short-term part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part of the defendant company

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