KCC 638/2003

This case involved a request to dismiss a previous judgment which had rejected a compensation claim. It was wrongly argued that evidence of profit statements and revenue received provided by the claimant had been ignored by the court. This was irrelevant as no evidence that the defendant had illegally seized the software had been provided.

Background

A claimant filed a case against a defendant and requested the court to dismiss a ruling dated on 27/10/2001 which rejected his request for compensation.

The court rejected the case.

The claimant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law because he had provided the court with detailed statements of the profits and amounts that the defendant received but the court had ignored these documents.

The court stated this argument was invalid because the claimant had failed to prove that the defendant had illegally seized the computer software.

The court dismissed the appeal.