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(영문) 서울중앙지방법원 2018.06.22 2016가단26905

손해배상(지)

Text

1. The Defendants each of the KRW 100,000 and each of them to the Plaintiff are 5% per annum from April 19, 2017 to June 22, 2018.

Reasons

1. On August 8, 2013, the Plaintiff registered each copyright with the Korea Copyright Commission on the Plaintiff’s copyrighted works, each of which was registered on August 8, 2013.

The Defendants posted part of the Plaintiff’s novels on the Internet website without the Plaintiff’s permission throughout the period before and after the Plaintiff’s registration of each copyright, thereby allowing many and unspecified persons to download it.

As to this, the Defendants received a summary order from each investigative agency after being suspended or dismissed, or having received a summary order from the court.

[Grounds for Recognition] Facts without dispute, the whole documentary evidence, and the purport of the whole pleadings (part of the defendants are deemed as confessions)

2. Defendant N asserts that the instant lawsuit does not satisfy the requirements for co-litigation, and thus, it is unlawful to determine the legitimacy of the instant lawsuit.

Article 65 (Requisite for Co-Litigation) of the Civil Procedure Act provides that “In case where the rights or obligations forming the object of lawsuit are common to many persons, or are generated by the same factual or legal causes, such many persons may join in the lawsuit as co-litigants. The same shall also apply in case where the rights or obligations forming the object of lawsuit are of the same kind, and are generated by the same kind of factual or legal causes.

This case is permitted in cases falling under the latter part of this case.

Defendant N’s assertion is without merit.

3. Judgment on the merits

A. The Defendants in charge of liability for damages are recognized as having opened each of the novels in this case, which the Plaintiff had copyright, on the Internet site without the Plaintiff’s permission.

Therefore, the defendants shall be deemed to have infringed on the plaintiff's copyright (right of reproduction, etc.) as to each of the novels in this case, and the defendants shall be liable for damages suffered by the plaintiff.

In the case of Defendant O, at the time of the instant infringement.