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(영문) 부산지방법원 2017.04.25 2016가단327965

손해배상(지)

Text

1. The Defendants’ respective KRW 500,000 and each of the said amounts to the Plaintiff from July 30, 2013 to Defendant B, and Defendant C from July 30, 2013 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a copyright holder of the novel “H”, “I”, etc. (hereinafter “instant copyrighted work”).

B. The Defendants posted the instant copyrighted work to an unspecified number of people via the Internet without the Plaintiff’s consent or permission to exploit. However, the Plaintiff filed a complaint on the ground that the Defendants infringed copyright.

C. Defendant B’s suspension of indictment on July 30, 2013; Defendant C’s suspension of indictment on October 11, 2013 and October 18, 2013; Defendant D’s summary indictment on August 28, 2013; Defendant E’s suspension of indictment on November 8, 2013 and November 19, 2013; Defendant F’s suspension of indictment on condition of copyright education; and Defendant G’s suspension of indictment on condition of copyright education on November 14, 2013, respectively.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 10 (including paper numbers), the purport of the whole pleadings

2. According to the facts seen earlier, the Defendants’ infringement of the Plaintiff’s right of reproduction and transmission, the copyright holder of the instant work.

Therefore, the Defendants are liable to the Plaintiff for damages caused by tort.

Meanwhile, even though it is apparent that the Defendants’ act of sharing the files may cause property damage to the Plaintiff, it is difficult to calculate the profits received by the Defendants or the amount that the Plaintiff would normally have received through copyright infringement in this case where the specific frequency of downloads per se of the files of this case shared by the Defendants is not revealed. Thus, this court shall determine a reasonable amount of damages by taking into account the intent of pleading and the result of examination of evidence pursuant to Article 126

Furthermore, considering various circumstances such as the period from the time of the publication of the instant copyrighted work to the time of infringement of copyright, the authorization and selling price of the instant copyrighted work, the method of unlawful sharing of the instant copyrighted work, and the expected additional damage, etc.