손해배상(지)
1. The Defendants’ respective KRW 100,000 per annum from July 15, 2018 to February 1, 2019, respectively, to the Plaintiff.
1. The plaintiff's basic fact is a author who has drawn up about 18th century since 1997 the writing of "F", and published a novel of 18th century, and registered each copyright with the GH Committee on the plaintiff's copyrighted works.
After the registration of each Plaintiff’s copyright, the Defendants posted part of the Plaintiff’s novels on the Internet website without the Plaintiff’s permission so that many and unspecified persons can download it.
As to this, the Defendants were subject to a disposition of suspension of indictment at an investigative agency or a fine from the court.
[Reasons for Recognition] Facts without dispute, the whole documentary evidence, and the purport of the whole pleadings
2. Determination
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.) regarding each of the novels in this case, and the defendants shall be liable for damages suffered by the plaintiff.
B. Article 125-2(1) of the Copyright Act provides that “The author’s property right holder, etc. may claim considerable damages within the scope of KRW 10,000 (50,000 in cases of intentional infringement of the right for profit) for each work, etc. infringed in lieu of the actual amount of damages or the amount of damages determined pursuant to Article 125 or 126 against a person who has intentionally or negligently infringed his/her right, before the conclusion of a fact-finding hearing.
In this case, it is difficult to ascertain how much the income of the plaintiff was reduced due to each infringement of this case, most novels among the plaintiff's copyrighted works whose copyright was infringed by the defendants were released before 2002, and the awareness and awareness of the plaintiff's novels at the time of each infringement of this case, and the defendants were for profit-making purposes.