손해배상(지)
1. The Plaintiff, Defendant C, D, E, F, G, and H respectively, and each of them amounting to KRW 500,000 on October 2015.
1. Facts of recognition;
A. The Plaintiff is the holder of author’s property right who has the authority to distribute the cinematographic work in relation to a TV set, which is a company that produces and distributes the drama, and a TV set, which is a cinematographic work (hereinafter “the instant cinematographic work”).
B. The Plaintiff entered into a sales and distribution contract with the Internet web site operator company, which provides the web site users with the instant cinematographic work at the prescribed cooperation price, and thereby pays a certain ratio of the profit accrued therefrom to the Plaintiff. According to the above contract, the web site user can run the instant cinematographic work without the Plaintiff’s consent only when the above cooperation price is set at the sales price.
C. Nevertheless, the Defendants sold the instant cinematographic works at the level of 1/10 to 1/30 of the fixed price by putting them up on the Internet web site without the Plaintiff’s permission, which is the holder of author’s property right. The date, web site, cinematographic works, the number of cinematographic works, and the name of the registrant is as indicated in the respective corresponding column of the Defendants in the attached Table of Illegal Round.
【Ground of recognition】 The fact that there has been no dispute, and each description or image of Gap evidence Nos. 1 through 41, including various numbers, and the purport of whole pleadings
2. Determination
A. According to the facts of recognition as above, the Defendants’ act of running each of the instant cinematographic works without the Plaintiff’s permission at a price much less than the partnership price and providing them to unspecified users for use constitutes an act of infringing the Plaintiff’s right of reproduction and transmission, which is the author’s property right of the instant cinematographic works.
Therefore, the Defendants are liable to compensate the Plaintiff for damages caused by the aforementioned infringement of copyright.
B. (1) Whether Article 125(1) and (2) of the Copyright Act is applied, or Article 125(1) of the Copyright Act is applied, a person who infringes on copyright.