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(영문) 인천지방법원 2017.06.01 2016가단235120

손해배상(지)

Text

1. The Defendants each to the Plaintiff KRW 500,000 and each to the Plaintiff, Defendant B and C, respectively, from October 13, 2016, and Defendant D, from October 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a copyright holder who created and sold a novel “E” or “F”, which is a literary work.

B. Around June 14, 2014, Defendant B, without permission, opened a novel “E” on the NA car page so that an unspecified number of unspecified persons can receive or access the said copyrighted work.

C. Around January 5, 2015, Defendant C opened the novel “E” without permission on the Internet file-sharing website to allow an unspecified number of unspecified persons to receive or access the said copyrighted work.

around August 22, 2014, Defendant D opened a novel “F” without permission on the Internet file-sharing website to allow an unspecified number of unspecified persons to receive or access the said copyrighted work.

E. On July 23, 2015, the Plaintiff filed a complaint against the Defendants as copyright violations. Defendant B, despite being aware of the suspected criminal fact, dismissed the disposition on the ground that he/she is an initial offender and is a juvenile, Defendant C was dismissed on June 30, 2015, suspended indictment on June 30, 2015, and Defendant D was suspended on the condition of copyright education on July 22, 2015.

[Ground of recognition] Defendant B, D: The absence of dispute, entry of Gap evidence Nos. 1, 2, 3, and 7, the purport of the whole pleadings, and defendant C: Article 208(3)2 of the Civil Procedure Act (which is deemed as confession due to the absence of the defendant)

2. According to the facts of recognition as above, the defendants are liable for damages sustained by the plaintiff since they engaged in the work of this case without the plaintiff's consent, thereby infringing the plaintiff's copyright.

3. Scope of liability for damages

A. The Plaintiff’s property damage claims amounting to KRW 4,00,000, respectively, against the Defendants pursuant to Articles 125 and 126 of the Copyright Act. Thus, the Plaintiff cannot calculate the amount of damages caused by the infringement of this case’s copyright registration certificate and notice of disposition result, which are the evidence submitted by the Plaintiff. Thus, this part of the Plaintiff’s assertion is without merit

B. The Defendants obtained consolation money from the infringement of this case.