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A. The Plaintiff is a company that operates the business of developing and selling books, and the Defendant is a person who operates the banner manufacturer in the trade name of “B.”

B. In around 2012, the Plaintiff registered the “HU Kim-un Purification2%, HUnewology, HU Newology, HU specific ground, HUP, HUP, and HUF fireworks” (hereinafter “instant book”).

C. On February 2016, the Defendant’s employees C received the instant letter from the B B, free of charge, and posted the banner box on the website of the above B, and used the instant letter.

On February 19, 2016, the Plaintiff sent to the Defendant a content-certified mail stating that “the use of the instant letter without permission constitutes copyright infringement, and thus, requires the purchase of the instant letter” (hereinafter “content-certified mail”), which reached the Defendant on February 22, 2016.

E. On September 29, 2016, the Daegu District Prosecutors’ Office rendered a disposition without suspicion against the Defendant on the ground that “ insofar as the Defendant and his employees confirmed the terms and conditions of use of the instant letter program through the Plaintiff’s website and received the phone files downloading, it is difficult to readily conclude that the Defendant had an intent to infringe the Plaintiff’s copyright.”

F. The provisions of the Copyright Act relating to this case are as follows.

(2) Where the holder of author’s property right, etc. claims compensation for damages from a person who has intentionally or negligently infringed his/her right, the amount of money which he/she would normally receive by exercising his/her right may be claimed as the amount of damages suffered by the holder of author’s property right, etc.

(4) The registered copyright or the exclusive publication right shall be governed by Articles 88 and 96 of the Act.