손해배상(지)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. Facts of recognition;
A. The Plaintiff is the author and the holder of author’s property right of the said work, who created a writing and a picture of the cartoon “C” 1 through 63 books (hereinafter “the instant work”).
B. At around 2011, the Defendant, without obtaining permission to use from the Plaintiff, set up a compressed file (C(1~63), which collected each page of the instant copyrighted work from the Internet file-sharing website “Once disc” (welb Address htp:/onisk.co.k.r.) without obtaining permission to use from the Plaintiff, and sold the instant copyrighted work after receiving approximately 200 points (around 200 won) per downloadd Round.
[Ground of recognition] Facts without dispute, entries in Gap evidence 2, 3, and 4, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition of infringement of author's property right, the defendant infringed author's property right by the above method. Thus, in case where the plaintiff suffered loss due to the above infringement, the defendant is liable to compensate the plaintiff for the loss.
B. Determination as to the existence or scope of the Plaintiff’s liability for damages (i.e., property damage) is that the sales price of the instant work claimed by the Plaintiff is at least 4,500 won per right, whichever is average, and at least 10% of which is average, as the Plaintiff’s royalty, is paid to the author. Thus, when selling the instant work (the instant work (the instant 63 rights that are the subject of the Defendant’s infringement among the entire series of business), the profit that the Plaintiff may gain is KRW 28,350 (i.e., 4,500/right x 63 x 10%).
Although the Defendant’s infringement of the author’s property right of this case sold more than 5,00 quality of the instant copyrighted work, the Plaintiff only claimed damages amounting to KRW 8,505,00 (i.e., KRW 28,350 / 300 x 300).
If such damage is not recognized as above, the amount calculated pursuant to Article 125-2 or 126 of the Copyright Act shall be claimed as compensation for damage.
B) Determination (1.)