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(영문) 수원지방법원 2017.10.20 2017가합14300
청구이의
Text

1. On September 7, 2006, the Defendant’s Copyright Commission (former Program Deliberation and Conciliation Committee) against the Plaintiff No. 11 of the Korea Copyright Commission (former Program Deliberation and Conciliation Committee).

Reasons

1. Basic facts

A. The defendant is a company that operates the business of manufacturing information and communications software, and the plaintiff is an employee of the defendant from October 1, 1995 to operate the "C" as the representative of the plaintiff's wife B after withdrawal from his office on December 31, 2001.

B. Mediation 1 of this case) The Defendant specialized in the packing manufacturing industry, and provided a program “Matern 2000” (hereinafter “Matern 200 program”).

Around April 2006, the Plaintiff developed a “D” program “D” (hereinafter “D program”) in which the Plaintiff reproduced or remodeled the program 2000.

(2) On September 7, 2006, the Plaintiff and the Defendant drafted a protocol of mediation (hereinafter “instant protocol of mediation”) with the following contents from the government of Article 2 of the Program Deliberation and Mediation Committee (hereinafter “instant protocol of mediation”).

1. Recognizing that the Plaintiff’s program, “D” (registration number E) and the program laid off, which are the Plaintiff’s program, are the reproduction or adaptation of “D” and “D” 2000, which is the Defendant’s program, the Plaintiff undertakes not to violate copyright laws, such as reproduction, adaptation, transmission, distribution, etc. of the said program in the future, but not to infringe on the Plaintiff’s copyright.

2. Before the date the mediation is completed, the Plaintiff shall immediately cease business activities with respect to the Plaintiff’s delivery company and the companies maintaining and repairing the Defendant’s programs under Paragraph 1 after the date the mediation is completed, and shall notify in writing 21 companies, including Seoul Satki Co., Ltd, of the fact that business activities are discontinued due to the infringement of the right of reproduction of the above program, and then send a copy of the above notification to the Defendant without delay.

3. The Plaintiff shall pay the Defendant KRW 7 million by September 21, 2006, as damages for the infringement under paragraph (1).

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