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. On February 8, 2012, the Defendant opened the novel in the form of 3.4M cans file, which was connected to “M files (htp:/mftile.co.kr)” (hereinafter “the novel”) created by the Plaintiff, so that many unspecified persons using the said set can download the said set to 1P.
B. The Defendant on April 15, 2013
With respect to the act described in paragraph (1), Gwangju District Court 2013 High Court issued a summary order of KRW 500,000 as a violation of copyright law.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, video, purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion (1) The Defendant, without the Plaintiff’s permission of use or consent, committed a tort of running the instant novel at a paid content trade wirt. Accordingly, the Defendant spreaded the instant novel to an unspecified number of unspecified persons who received the instant novel, thereby causing a decrease in sales since the Plaintiff’s novel was not properly sold, and without any circumstances, sold the instant novel to the low price (1P=10 won) without disregarding the reasonable price.
(2) The Plaintiff receives 10% or more of the average of 9,000 won per unit selling price of the novel book. The Defendant’s sales volume of the Defendant’s infringement decreased by at least 1,000 per unit per unit, and pursuant to Article 125-2 of the Copyright Act, the Plaintiff may claim damages not exceeding KRW 1,30,000 per unit using statutory damages pursuant to Article 125-2 of the Copyright Act (i.e., KRW 26 x 50,000 per unit (= KRW 4,680,000 per unit). However, in consideration of the Defendant’s ability to compensate for damages, the Plaintiff sought payment of KRW 6,680,00,000 per unit of mental damages plus KRW 2,000 per unit.
B. (1) In light of the above facts of recognition, the Defendant’s image file of this case without the Plaintiff’s permission or consent, the creator of the work.