The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. As a software supplier, the Plaintiff refers to C, D, E, F Plaintiff CAD, CAE, or CAM program, as a software supplier, and the number included in the name of the product is greater than the number contained in the name of the product.

Each IE contains individual software such as J used in G.

Copyright of programs, etc. is owned by the Defendant, and the Defendant operates a mutual company of “G” at the address above.

B. On August 31, 2018, the Plaintiff’s agent visited G office and inspected the computers installed therein. As a result, the files for the installation of the C Program and the video files related thereto were found in the computer storage device used by G employee H without obtaining permission for use from the Plaintiff.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. Since the Plaintiff’s employee’s assertion infringed upon the Plaintiff’s copyright by copying the file for the installation of the C Program and the film file on the computer without permission, the Defendant, as an employer prescribed in Article 756 of the Civil Act, shall compensate the Plaintiff for damages equivalent to KRW 360,000,000 of the fixed price of the said program.

B. Determination 1) The employer’s liability under Article 756 of the Civil Act is a substitute for the employee’s liability to compensate for damages, and is established when the employee satisfies the general requirements of the tort (see, e.g., Supreme Court Decision 2013Da70019, Jul. 24, 2014). Thus, the Plaintiff’s employee first has to assert and prove that the Defendant’s act of infringing the Plaintiff’s copyright and caused damages to the Plaintiff, thereby establishing the tort. 2) However, as recognized earlier, one of the computers located in the G office, discovered the installation files of the C Program and the video files, but in light of the following circumstances, the above fact is found.