손해배상(지)
1. The Defendants each of the KRW 100,000 and each of them to the Plaintiff are 5% per annum from March 1, 2017 to June 22, 2018.
1. On August 8, 2013, the Plaintiff registered each copyright with the Korea Copyright Commission on the Plaintiff’s copyrighted works, as the pen name of “O”, and the author drawn up a novel of approximately 18 in the 1997, which had been drawn up by writing the novel of the 18th Sympool.
The Defendants posted part of the Plaintiff’s novels on the Internet website without the Plaintiff’s permission throughout the period before and after the Plaintiff’s registration of each copyright, thereby allowing many and unspecified persons to download it.
As to this, the Defendants received a disposition of suspending or rejecting the indictment from an investigative agency.
[Grounds for Recognition] Facts without dispute, the whole documentary evidence, and the purport of the whole pleadings (part of the defendants are deemed as confessions)
2. Defendant F and H asserts that the instant lawsuit did not meet the requirements for co-litigation, and thus, it is unlawful.
Article 65 (Requisite for Co-Litigation) of the Civil Procedure Act provides that “In case where the rights or obligations forming the object of lawsuit are common to many persons, or are generated by the same factual or legal causes, such many persons may join in the lawsuit as co-litigants. The same shall also apply in case where the rights or obligations forming the object of lawsuit are of the same kind, and are generated by the same kind of factual or legal causes.
This case is permitted in cases falling under the latter part of this case.
Defendant F and H’s assertion are without merit.
(2) The lower court’s judgment on February 16, 2017 (see, e.g., Supreme Court Decision 2016Na2037554, Feb. 16, 2017).
A. The Defendants in charge of liability for damages are recognized as having opened each of the novels in this case, which the Plaintiff had copyright, on the Internet site without the Plaintiff’s permission.
Therefore, the Defendants are entitled to copyright (right of reproduction, etc.) of the Plaintiff regarding each of the novels in this case.