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(영문) 수원지방법원안양지원 2014.09.30 2014가단108018

손해배상(지)

Text

1. The Defendant’s KRW 200,000 as well as its annual rate from April 30, 2014 to September 30, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an author of the novel “C 1(former 15)” and “C 2(former 15)”, and completed each copyright registration on June 29, 201 with respect to Part C 1 as of June 16, 2001; the date of creation; the date of publication as of August 23, 2003; the date of creation as of December 22, 2003; and the date of publication as of March 2, 2006.

B. The Defendant, using D’s P2P service on December 2, 2013, stored a total of 1131 text files containing C1 and C2 copies (hereinafter “instant copyrighted works”) on his/her own computer hard disc, thereby allowing many and unspecified persons to download them.

C. The plaintiff is the defendant's above.

The Seoul Northern District Prosecutors' Office (Seoul Northern District Prosecutors' Office), which filed a complaint against the act of resistance on April 30, 2014, did not have any economic benefits acquired by the suspect, and took account of the fact that the suspect was not able to suffer from misjudgments in depth, suspended the indictment

[Reasons for Recognition] Each entry of Gap 1 to 3

2. Determination

A. Article 2 Subparag. 10 of the Copyright Act provides that “Any transmission means providing works, etc. for public use so that the members of the public may have access to the time and place of their own choice from among the public transmission, including transmission made accordingly.” Article 2 Subparag. 22 of the same Act provides that “duplicating works, etc. means fixing or remaking in a tangible object temporarily or permanently by means of printing, photographing, copying, sound or visual recording or other means.”

The act of Internet users storing copyrighted files on their own computer hard disks by P20 (see Supreme Court Decision 2005Do872, Dec. 14, 2007) constitutes an act of reproduction of copyrighted works (see Supreme Court Decision 2005Do872, Dec. 14, 2007).