A. The Plaintiff is a copyright holder of the novel “C” (hereinafter “instant novel”).

B. On April 15, 2013, the Defendant distributed the instant novel via the Internet site “Stp (htp:/www.tisk.co.kr)” on April 29, 2013, and around April 29, 2013, the Defendant distributed the instant novel via the method of downloading it twice without the Plaintiff’s consent.

C. On July 31, 2013, the Defendant was sentenced to a summary order of KRW 1,00,000 from the Seoul Southern District Prosecutors’ Office to a fine of KRW 1,000,000 with respect to other copyright violations, including the above copyright violations, and the said order became final and conclusive around that time by receiving a summary order of KRW 1,00,000 from the Seoul Southern District Court on September 10, 2013.

[Judgment without Oral Proceedings] (Article 208 (3) 1 of the Civil Procedure Act)

2. Determination

A. According to the above facts of recognition, the defendant is liable for damages suffered by the plaintiff as a tortfeasor who infringed the plaintiff's copyright.

B. The plaintiff asserts that the amount of damages should be determined at KRW 20,000,100 in consideration of the plaintiff's social status and the designation of the elderly market and mental impact, etc. However, Article 126 of the Copyright Act provides that "the court may recognize a reasonable amount of damages in consideration of the purport of pleading and the result of examination of evidence when it is difficult to calculate the amount of damages pursuant to Article 125, even though the fact that the damage occurred, the court may recognize a reasonable amount of damages in consideration of the purport of pleading and the result of examination of evidence." In full view of the easiness of the storage and operation of the reproduction of the novel of this case, the sales price of one electronic book, and the degree of the possibility of criticism taking into account the possibility of criticism, etc., the amount of damages should be determined at KRW 1,00,000 in total.

C. Thus, the defendant is entitled to seek damages from the plaintiff as one million won and subsequent to the date of tort.