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(영문) 수원지방법원안양지원 2015.04.29 2014가단114198

손해배상(지)

Text

1. The Defendant’s KRW 500,000 as well as the Plaintiff’s annual rate from July 7, 2014 to April 29, 2015, and the next day.

Reasons

1. Basic facts

A. The Plaintiff is the author of D1 copies (former 15 pages) and D2 copies (former 15 copies) novels (hereinafter “instant novels”). As to D1 copies on June 29, 201, the date of creation shall be June 16, 2001; as of August 23, 2003, the date of publication shall be December 22, 2003; as for D2 copies, the date of publication shall be March 2, 2006, each copyright registration shall be completed.

B. On March 13, 2014, the Defendant, using the P2P service of the P2P service, stored compressed files containing the instant novel on his/her own computer hard disc so that many and unspecified persons can download it. The Defendant was 226 multiple-time downloaded.

C. The plaintiff is the defendant's above.

Although a complaint was filed against the act of resistance, prosecutor E of the government's prosecutor's office was partly considered in the circumstances of May 21, 2014, and was ordered to suspend indictment on the condition of copyright education for the reason that there are extenuating circumstances, such as being against depth and not committing a second offense. D.

On the other hand, on May 2, 2011, the Plaintiff entered into a contract for the provision of information and public transmission service for the digital content service with the school library. Accordingly, on November 26, 2012, the Plaintiff agreed to pay 60% of the fixed price to the Plaintiff when selling the digital content of the novel of this case. The digital content of the novel of this case is sold to 2,500 won per ticket at the Internet Educational Library.

[Ground of recognition] Unsatisfy, Gap 1 to 5 each entry

2. Determination:

A. According to the above facts, since the defendant committed a tort that infringes the plaintiff's copyright, the defendant is liable to compensate for the damages suffered by the plaintiff due to the above infringement.

B. The Plaintiff calculated the amount of damages. 1) As the Plaintiff’s sales of the instant small digital content book in the form of KRW 1,500,600, out of KRW 2,500 per book, which is the sales price of the instant small digital content, belongs to the Plaintiff under the pretext of human beings, the Plaintiff’s damages amounting to KRW 11,170,000 (= KRW 1,500).