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(영문) 서울고등법원 2014.10.23 2013나55869
저작권침해금지등
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the principal lawsuit shall be revoked.

part of the revocation.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the instant lawsuit is the Plaintiff’s work of the Plaintiff’s program, which was entrusted by Defendant B to the Defendants, and Defendant B and Defendant B, the representative director, did not provide the Plaintiff with the Plaintiff’s program, and completed the copyright registration as a joint copyright holder, and changed the part of the program’s function. The Plaintiff sought implementation of the procedures for cancellation of the program registration, delivery of the program, and prohibition of copyright infringement based on the copyright infringement, and sought payment of KRW 7,117,00 as part of the compensation for damages based on the tort caused by the infringement of the copyright of the program, by asserting that the Plaintiff was manufacturing and selling the same program as the copyright holder.

The counterclaim of this case is a computer program developed by Defendant B with respect to the Plaintiff, and the Defendants were copyright holders. However, the Plaintiff did not pay royalties to the Defendants despite having obtained profits from the sale of the program, and thus, sought reimbursement of KRW 300 million and damages for delay due to tort or restitution of unjust enrichment based on the infringement of copyright of the program.

The judgment of the court of first instance accepted some of the plaintiff's main claim (the part concerning the request for the cancellation of registration on a part of the copyright on the program, the request for the issuance of a program, the request for prohibition of copyright infringement), and all of the plaintiff's remaining main claim and the defendants' counterclaims claim were dismissed. Accordingly, the defendants appealed against the part against which they lost and counterclaims.

Therefore, the plaintiff's main claim against the defendants is under way.

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