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(영문) 부산지방법원 2017.08.18 2016나55650
손해배상(지)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that engages in the business of developing and selling letters.

B. Around October 2015, the Defendant, a doctor, published the phrase “special benefits to many examinees,” using the body program “B” (hereinafter “instant body”) in which the Plaintiff had copyright, on a B, which publicizeds the hospital operated by the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above fact of recognition of damages liability, the defendant is liable for damages since the defendant violated the plaintiff's author's property right by using the plaintiff's computer program, which is the plaintiff's computer program for commercial purposes without permission.

B. According to the scope of liability for damages, a reasonable amount of damages shall be calculated in consideration of the purport of the entire pleadings and the result of the examination of evidence pursuant to Article 126 of the Copyright Act. Considering the overall purport of the aforementioned evidence, the following facts are acknowledged: (i) the Defendant’s employee prepared a hospital’s promotional sign while managing the above tables, and was used in part of the contents; (ii) the Plaintiff’s body was merely one kind of the body of the white paper sold by the Plaintiff for a fee by the Plaintiff; and (iii) there is little economic benefit of the Defendant; (iv) the Plaintiff distributed the above book to an unspecified number of unspecified persons on the Internet, while posting it on the Plaintiff’s website, and thus, it is recognized that the Plaintiff’s commercial use is difficult to easily recognize that a large amount of damages would have been paid for the commercial use.

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