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1. The Defendant: (a) KRW 25,00,000 to Plaintiff A; (b) KRW 60,000,000 to Plaintiff B; and (c) each of them, from January 1, 2018 to July 1, 2019.
Reasons
1. Facts of recognition;
A. The Plaintiffs are companies that develop, manufacture, and sell computer programs, and Plaintiff A (hereinafter “Plaintiff A”) is the copyright holder of D, E, F, and G, which is a computer program, and Plaintiff B (hereinafter “Plaintiff B”) is H, I, J, and K copyright holder, which is a computer program.
B. From December 10, 2015 to April 21, 2017, the Defendant reproduced each of the above computer programs (hereinafter “each of the instant programs”) in five computers located in the “L” office as listed in the table as “L” (hereinafter “each of the instant programs”) in which the Plaintiffs have copyright, and among them, “the instant program” was set out when setting the individual sequence program.
On March 4, 2017, the place where the program on the date of reproduction is exposed: 1: 09:45 E on March 4, 2017, 1: Gong209: H 3 on March 4, 2017, December 21, 2015, 16:09 E 13:43 H 5 on December 22, 2015, 18: 17: 6: 17:59 D 7: 29 on April 18, 2017, 2017, G 13: 4: 5: 17: 15: 18 on April 18, 2017.
C. On June 12, 2019, the Defendant was sentenced to a fine of KRW 3 million to the effect that “the Plaintiffs infringed the Plaintiffs’ intellectual property rights by reproducing each of the instant programs” from the Busan District Court’s Branch Branch (2018 High Court Decision 724). Around that time, the said judgment became final and conclusive.
(hereinafter “instant criminal judgment”). 【No dispute exists concerning the grounds for recognition, entry in Gap’s evidence Nos. 1 through 3, and the purport of the whole pleadings.
2. Occurrence of liability for damages;
A. According to the above facts of recognition of liability, the Defendant infringed the Plaintiffs’ right of reproduction by installing and reproducing each of the instant programs on the computer hard disks located in the “L” office without the Plaintiffs’ permission. Therefore, pursuant to Article 125 of the Copyright Act.