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(영문) 서울중앙지방법원 2016.02.17 2015가단5262976
손해배상(지)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts without dispute;

A. The Plaintiff is the holder of author’s property right of the window and sprink program, which is a computer operation system, and the Defendant is a company established on July 30, 2008 for the purpose of advertising planning, production, advertising agency, etc.

B. The Plaintiff deemed that the Defendant illegally reproduced and used each of the above programs, and filed the instant application for mediation on April 24, 2015.

The defendant after the above application for mediation is filed for the same year.

7.8.P around the same year, 44 above-mentioned program.

9.4.Pursuant to each purchase of about 45 the window program, its officers and employees are using it for their work.

2. Determination

A. In light of the fact that the defendant allegedly purchased each of the above programs after the plaintiff's proposal for copyright infringement, it is sufficiently recognized that the defendant's officers and employees were using the above program illegally after the plaintiff's proposal for copyright infringement.

Therefore, the defendant is obligated to compensate for damages suffered by the plaintiff due to the above copyright infringement.

B. We examine the judgment on this, and the fact that the defendant purchased each of the above programs after the application for conciliation of this case is as seen earlier.

In addition, the defendant does not dispute the fact that the defendant purchased the Oral Program as seen earlier in the manner of paying the cost on a monthly or yearly basis even if he asserted that he had lawfully purchased the Oral Program, and that the defendant did not submit or did not submit the data related to the purchase of the program that he had used before the purchase.

However, if the statement in Eul evidence Nos. 6 to 9 added the purpose of the whole argument, the defendant has already purchased and used the computer in which the window program is already installed, and the defendant's purchase of the above Orala program, Orals 365, which is the above Orala program, is highly safe and is suitable for the joint work outside.

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