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(영문) 서울중앙지방법원 2018.05.04 2017가단5026570

손해배상(기)

Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual interest from February 14, 2017 to May 4, 2018, and the following.

Reasons

(2) From December 17, 2012 to November 14, 2016, the Defendant posted a notice in sequence 1 to 185 for a total of 225,176 days during which the Plaintiff confirmed the Defendant’s infringement.

In light of the fact that the notice was made in sequence, when calculating the average period of posting of 185 parts in total, the Defendant may be deemed to have posted the entire H for about 1,217 days (25,176 days in total from 1 to 185 ±185) on average.

In addition, since the total number of notice posted in Part 185 above is 3,989,093, the daily number is about 3,277 times (total number 3,989,093 ± average number 1,217 days).

Therefore, for 416 days from September 25, 2015 to November 14, 2016, “H” provided as fee-charging services, the Defendant’s display frequency was 1,363,232 times in total (3,277 times in day).

Ultimately, the damage caused by the unauthorized posting of the web Ba “H” reaches KRW 190,852,480 (total collection 1,363,232 * Plaintiff’s net profit 140 won due to the rental of oil).

In the case of WebN I, from March 7, 2014 to November 14, 2016, the Defendant posted the first to 272 parts for a total of 177,589 days during which the Plaintiff confirmed the infringement.

Therefore, it can be seen that the notice was posted for about 432 days on average (1 to 272 total period of notice from 177,589 ±272).

In addition, the total number of notices posted in Part 272 above shall be 4,763,275 times, and the daily number shall be about 11,026 times (total number 4,763,275 times ± the average period 432 days).

Inasmuch as the point at which the said web claim was provided as a fee for the fee service was from April 30, 2016, the amount of damages incurred from 199 days from that time until November 14, 2016 is total of 2,194,174 (11,026 times a day, 199 days a day, 19 days a day a day a notice period after the fee service) and the amount of damages calculated based on the number of inquiries as above, the Plaintiff’s amount of damages is calculated based on the total amount of KRW 307,184,360, 2,194,174* fee.