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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is a company that carries on the development and sale of letters, etc., and the Defendant served as a broker assistant of “B Licensed Real Estate Agent Office”.
B. On November 1, 2013, the Plaintiff completed the copyright registration of the “HU Docro 150” program developed by it by the Korea Copyright Commission (hereinafter “instant book”).
C. Around April 2013, the Defendant: (a) drafted and posted the phrase “C B to immediately call smartphones” using the instant letter in the production of a photo editing program, using a photo editing program “stop” on a personal block following the portal site.
The Plaintiff filed a complaint against the Defendant on the charge of violating the Copyright Act with the Defendant’s copyright infringement using the instant book program without permission. However, the Daegu District Prosecutors’ Office rendered a disposition of suspicion against the Defendant on October 25, 2016 on the ground that “The Defendant’s partial use of the Plaintiff’s book is true, but it cannot be confirmed where the Plaintiff’s book was introduced into and used as a result of using the PC prior to several years, and there is no evidence verifying that the Defendant either directly downloaded the Plaintiff’s book without permission or copied it without permission.”
[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, Gap evidence 3-1 through 3, Gap evidence 4, Eul evidence 1, the purport of whole pleadings and arguments
2. The plaintiff's assertion and judgment on the assertion
A. The Plaintiff asserted that the Defendant infringed the Plaintiff’s copyright by using the instant letter program without permission. As such, the Plaintiff sought payment of KRW 3,648,39, which corresponds to the “use right contract and additional use right policy” on the instant letter as compensation for damages against the Defendant.
(b)in the case of a judgment letter program, simple.