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(영문) 서울중앙지방법원 2013.10.18 2011가합126180
손해배상(기)
Text

1. Defendant C’s year from December 9, 2011 to October 18, 2013 to the Plaintiff Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff Company A (the former trade name before the change: F. F. hereinafter “Plaintiff A”) is a company that runs real-time G telephone counseling services, etc. to enable consumers to provide 1:1 telephone counseling with experts or alcohols, and Plaintiff B is the representative director of Plaintiff A.

B. From the end of 2000, Plaintiff A commenced telephone 1:1 counseling service, and provided reverse consultants and marketing to Nonparty H (hereinafter “H”), and received counseling service program development, system investment, exclusive line installation, operation and management from H. The first is to receive the above service free of charge from H, and thereafter, Plaintiff A paid KRW 3 million per month to H as system management expenses.

C. Defendant C, as a content of the ITRS-based deep distance music real-time transmission program, formed and operated a ARS Gu engine (L) core, and registered the program copyright registration number of K with K for the Korea Copyright Commission. D.

Plaintiff

A around December 2001, upon the recommendation of Defendant D, who is the director of Defendant E Co., Ltd. (hereinafter “Defendant E”), employed Defendant C as the person in charge of the program development department, and had it develop the system already received from H. The Defendant C developed the system that was already provided by H. The key part of the “J” that he registered. The Defendant C developed the NAR program for telephone transport counseling and used it for the Plaintiff’s business by utilizing the ARS Gu engine (L), which is the key part of the “J” that he registered.

E. Around September 2003, Defendant C, which was developed and used for the project by Plaintiff A, installed a ARS Ord Service Program and Web statistics program in the N Station in Gangnam-gu Seoul Metropolitan Government M in the N Station.

F. Defendant C, around January 2004, had the Plaintiff’s staffO of the Defendant E office located on the 8th floor of the Seoul Jung-gu P building, including web G program, web statistics program, and DB server, which the Plaintiff developed and used for the project.

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