A. The Plaintiff is the holder of author’s property right of each film indicated in the separate sheet of illegal business list (hereinafter “each film of this case”) as a company that produces and distributes movies.

B. The Plaintiff entered into a sales and distribution contract with the Internet web site operator company, which provides the web site users with each of the instant cinematographic works at the prescribed affiliation price, and thereby pays a certain ratio of the profits accrued therefrom to the Plaintiff. According to the above contract, the web site user can run the instant cinematographic works without the Plaintiff’s consent only when the above affiliation price is set at the sales price.

C. Nevertheless, without the Plaintiff’s permission, the Defendants sold the instant cinematographic work at the price of 1/10 to 1/30 of the affiliation price by downloading the instant cinematographic work to the Internet web site. The Defendants’ date, website, film, and the name of the registrant are as indicated in the separate sheet of illegal business royalties.

【Ground of recognition】 The fact that there has been no dispute, and each description or image of Gap evidence 1 through 8, including various numbers, and the purport of the whole pleading

2. Determination

A. (1) According to the above fact of recognition, the Defendants’ act of running each of the instant film 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 infringing the Plaintiff’s right of reproduction and transmission, which is the holder of author’s property right of each of the instant film works.

Therefore, the Defendants are liable to compensate the Plaintiff for damages caused by the aforementioned infringement of copyright.

(2) We examine Defendant F’s assertion on this issue.

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