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1. The Defendants jointly share KRW 5,352,248 with the Plaintiff, and 5% per annum from December 21, 2016 to October 26, 2018.
Reasons
1. Basic facts
A. 1) The Plaintiff is the copyright holder of “D (Gu E)”, a computer program used in the business of printing, printing, drawing, structural interpretation, and industrial design. 2) Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in the business of producing electronic components, plastic yarns, and electronic tubes, and Defendant C is the representative director of the Defendant Company.
B. Defendant C’s copyright infringement and criminal punishment 1) Defendant C’s copyright infringement and criminal punishment on December 21, 2016, with only one computer located in the laboratory of the Defendant Company and one computer located in the representative director’s office, and without the Plaintiff’s consent, the F, a computer program that the Plaintiff has copyright (hereinafter “instant program”).
2) Defendant C’s reproduction and establishment of each of the following facts: (a) Defendant C infringed the Plaintiff’s copyright as stated in paragraph (1); (b) Defendant C received a summary order of KRW 500,000,000 from the Suwon District Court on April 26, 2017, respectively; and (c) the summary order was finalized on June 17, 2017 (U.S. District Court Decision 2017Da7168). [No dispute over the grounds for recognition; (d) entry of evidence Nos. 1 through 5 and the purport of the entire pleadings.]
2. According to the fact of recognition of the occurrence of liability for damages, Defendant C, the representative director of Defendant C, without permission of the Plaintiff, has reproduced and installed the instant program on the computers of Defendant C’s office without permission, and has infringed upon the Plaintiff’s copyright by using it for business of Defendant C. As such, the Plaintiff is liable to compensate the damages incurred therefrom pursuant to Article 125 of the Copyright Act. The Defendant Company is liable to compensate the Plaintiff for the damages incurred by Defendant C, the representative director of Defendant C, in the course of performing
3. Scope of damages.
A. The program of this case reproduced by the Defendants’ summary of the Plaintiff’s assertion is 25 subordinate.