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(영문) 서울중앙지방법원 2016.07.08 2015가합562876
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter “D”) completed copyright registration with respect to F, a computer program for network security of the E date network (hereinafter “instant program”), as described in attached Table 1, with the Korea Copyright Commission, as to the instant program. When applying for copyright registration with the Korea Copyright Commission, D Co., Ltd. (hereinafter “D”) submitted promotional data (product presentation) files of the instant program, and did not submit the source file of the instant program.

B. On November 29, 2013, pursuant to the sale order for the copyright of the instant program (U.S. District Court 2013TTW 4248), the Plaintiff was awarded the copyright of the instant program at KRW 170 million (hereinafter “instant auction procedure”), and completed the registration of transfer of the copyright to the Korea Copyright Commission on December 16, 2013, with respect to the instant program.

C. Nonparty Company completed copyright registration with respect to H, I, and J (hereinafter “Defendant Program”) as described in [Attachment 2 through 4] of the Korea Copyright Commission, and thereafter, the Defendant who acquired the copyright of Defendant Program completed the copyright transfer registration with respect to the Defendant Program on April 10, 2014.

【Ground of recognition】 The fact that there is no dispute or no clear dispute, entry of Gap's 3 through 5 (including each number, if any, hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments

A. When the auction of the instant program was anticipated by the Plaintiff’s actual operator, K, who is the Plaintiff’s Plaintiff’s assertion, is merely a trile of the instant program, and registered the copyright of the Defendant’s program, which is substantially similar to the instant program, and the said copyright is false to the Defendant who actually runs the instant program.

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