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1. The Defendant’s KRW 95,00,000 as well as the Plaintiff’s annual rate of KRW 5% from November 30, 2015 to May 18, 2018.
Reasons
1. Basic facts
A. The status of the parties is the copyright holder of the “Masster 9.1 Program”, which is a computer program used for designing, modeling, design, etc. in the field of gold, machinery and manufacturing industry, and the defendant is an individual entrepreneur engaged in the manufacturing of machinery and equipment in the trade name of “B”.
B. The Defendant’s copyright infringement and criminal punishment 1) On November 30, 2015, the Defendant’s program (hereinafter “instant program”) which is a computer program owned by the Plaintiff without the Plaintiff’s consent at the above B office around November 30, 2015.
(2) On May 10, 2016, the Defendant issued a summary order of KRW 7 million (Seoul District Court Decision 2016Da2581, Daegu District Court Decision 2016Da2581, Oct. 18, 2016) on the grounds of the facts constituting a crime of violating the Copyright Act, which committed an infringement on the Plaintiff’s author’s property right by installing and using each of the instant programs after reproducing each of the instant programs. However, on May 10, 2016, the Defendant filed a request for formal trial on the objection and filed a request for formal trial. On October 18, 2016, the said court sentenced the Defendant to a fine of KRW 5 million (Seoul District Court Decision 2016DaMa23131, Oct. 26, 2016).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3, 6 and 7 evidence (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings
2. According to the facts of recognition as above, the defendant is obligated to compensate the plaintiff for damages caused by the tort in accordance with Article 125 of the Copyright Act, since four program of this case, which is held by the plaintiff, were reproduced without permission, and used for the defendant's business, thereby infringing the plaintiff's property right.
3. Calculation of damages;
A. The Plaintiff’s damages that the Defendant is liable to compensate for are entitled to “the right” under Article 125(2) of the Copyright Act.