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(영문) 서울중앙지방법원 2021.01.14 2019가합537632
손해배상(지)
Text

The Defendants jointly share KRW 40,000,000 with respect to the Plaintiff and 5% per annum from April 20, 2018 to January 14, 2021.

Reasons

1. Basic facts

A. The Plaintiff is the author’s property right of “D” (hereinafter “instant program”), a computer program for 3D design (CAD) of machinery products, such as automobiles and flight equipments.

Defendant B (hereinafter “Defendant Company”) is a corporation that engages in the manufacture of automobile parts, precise gold-type manufacture, and the manufacture of electronic parts. Defendant C is an employee of the Defendant Company.

B. On May 2018, the Plaintiff filed a complaint with the competent investigation agency to the effect that the Defendants infringed the Plaintiff’s copyright by illegally downloading and using the instant program. Around July 2018, the Defendants’ control over the Defendant Company was discovered that each of the instant programs was installed in an unlawful downloading manner in the Nowon-gu of the employees E of the Defendant Company and the Nowon-gu used by Defendant C (hereinafter “instant infringement”). On September 20, 2018, the Gwangju District Prosecutors’ Office recognized the Defendants’ instant infringement act on April 20, 2018, and decided to suspend indictment against the Defendants.

(c)

The instant program consists of an individual cap (Mole, small unit program, hereinafter referred to as “Madles”) in excess of a white dog, and the Plaintiff set a separate price for each cap.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Gap evidence No. 9, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) Defendant C established the instant program on a computer for business purpose without the Plaintiff’s permission by unlawful means. Defendant C participated in the instant infringement act by having Defendant C, an employee of the company illegally download the instant program and use it for business, and infringed the Plaintiff’s property right on the instant program. As such, the Defendants are liable to compensate the Plaintiff for the damages suffered by the Plaintiff due to the instant infringement.

2) The amount of damages.

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