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(영문) 서울중앙지방법원 2017.05.19 2016가합533073
손해배상(지)
Text

1. The Defendants jointly share the amount of KRW 28,00,000 on the Plaintiff P&C, as well as the amount of KRW 28,000 on the part of the Defendants, from March 24, 2015 to May 2017.

Reasons

1. Basic facts

A. The status of the parties 1) Plaintiff C&C (hereinafter “Plaintiff E&C”)

P/Engineer Wildire 5.0 ( currently changed to Creo Program; hereinafter referred to as “prona 5.0 program”) is a computer program used in design and gold-type work.

(2) The Plaintiff’s copyright holder is the Plaintiff’s copyright holder. (2) The Plaintiff’s LbS AWC (hereinafter “Plaintiff”) is the copyright holder of “Maslewal 14.0 (hereinafter “Maswal Maswal 14.0 (hereinafter “Maswal”) that interpret the phenomenon of the physical records in the second and third sources (2D) and the third sources (3D).

3) Defendant A Co., Ltd. (hereinafter “Defendant Company”).

The purpose of semiconductor equipment manufacture and sale is a corporation established for the purpose of semiconductor equipment manufacture and sale. 4) Defendant B’s work as a person working at the mother business division of Defendant B’s mother business division and Kim Sea branch shall take overall charge of the production of materials, production, quality, supply, business, etc.

On the other hand, the defendant company's Kimhae branch is in charge of assembly by receiving parts.

B. Defendant B’s installation and use of Defendant B’s program 1) around 2013, at the Kim Sea Branch Office of the Defendant Company’s Kim Jong-soo’s office, used the reproduction of the program 5.0 program on its own computer without the Plaintiff’s consent to install it on its website and to verify the design drawing from July 8, 2013 to March 24, 2015. Defendant B used the reproduction of the program at the Defendant Company’s Kim Sea Branch Office without the Plaintiff’s consent to the Defendant Company’s Kim Sea Branch Office in 2013 to install it on its own computer and use it in the fashioning design drawings from November 5, 2014 to March 24, 2015.

C. The Defendants in summary order confirmed on December 14, 2015, each of the offenses committed in violation of the Copyright Act that “Defendant B installed and used a program 5.0 program and a reproduction of a beer and wells program in connection with the work of the Defendant Company, thereby infringing the Plaintiffs’ copyright.”

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