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(영문) 서울중앙지방법원 2019.05.21 2018나53506
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff (former Mutual Company H, Inc.) is a company that operates related services by developing and distributing “D”, a video reproduction program, and the Defendant works as the director of the Plaintiff’s association team and took overall charge of various contracts between the Plaintiff and the business suspension body.

B. The F, who worked as the development team leader of the E Co., Ltd. (hereinafter “E”), produced a web bropier program with a shower function added to the displayer function in the existing web bropier program, and then delivered the pertinent file to the Defendant.

C. On July 1, 2011, the Defendant, even having acquired the instant program from F, had the Plaintiff enter into a contract with G to provide the Plaintiff with the instant program between G and the Plaintiff to pay part of the profits of the said program to G, and the Plaintiff received the instant program from G and distributed it to the general public.

Defendant and F, August 2, 2012, 200

(b).

The summary order for the crime of occupational breach of trust was received due to the act such as the statement in the paragraph, and the above summary order was finalized as it is.

E. E has filed a lawsuit claiming that the Plaintiff and the Defendant used the instant program, the copyright of which was owned, without permission, and the appellate court determined on July 21, 2016 that the distribution of the instant program by the Plaintiff and the Defendant was an infringement on the copyright of the Plaintiff, the copyright holder, and regarding the scope of the amount of compensation, E is equivalent to the amount of fees that the Plaintiff would have paid if the Plaintiff entered into a contract with the Plaintiff for the use of the instant program.

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