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(영문) 서울중앙지방법원 2015.02.11 2014가단5010475
손해배상(기)
Text

1. Defendant D’s each of the Plaintiffs’ KRW 700,000 and each of them shall be 5% per annum from November 1, 2013 to February 11, 2015, respectively.

Reasons

1. Basic facts

A. Plaintiff B is engaged in the Plaintiff’s “E,” Plaintiff A’s “F,” and Defendant D’s “G,” respectively.

B. From April 1, 2012 to February 28, 2017, the Gangwon University under the jurisdiction of the Defendant Republic of Korea established a project team by promoting projects for fostering industry-academic cooperation leading universities (LINC, LINC, Leader Insomnes-univers) and organizing the project team for five years.

The Gangwon University LINC Project Association (hereinafter referred to as the “instant Project Association”) concluded a contract with the Plaintiff on August 20, 2012 to produce and supply Broins for enterprises and Broins for students in order to publicize the said project, and (i) concluded a contract with the said Project Association to manufacture and supply Broins for enterprises in KRW 8,151,000; and (ii) concluded a contract to manufacture and supply Broins for students of the Plaintiff and the said Project Association in KRW 9,757,000 on October 8, 2012 with the Plaintiff and the said Project Association in KRW 9,757,000, and received each of Broins from the Plaintiffs in 2013.

C. Defendant C was the head of the instant project team at the time of concluding each of the above services contracts.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. Defendant D’s assertion infringed the Plaintiffs’ copyright (which appears to have claimed infringement of the Plaintiffs’ right of reproduction) by stealing Broin produced by unauthorized use, and committed a civil tort that unlawfully infringes on the Plaintiffs’ legal interests of protection. Defendant Republic of Korea and C violated their duty to use the Plaintiffs’ copyrighted works in collusion with Defendant D, or to direct and supervise Defendant D’s unlawful act. Thus, Defendant D bears joint tort liability or employer liability with Defendant D, as well as Defendant D.

(b).

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