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(영문) 수원지방법원안양지원 2014.09.30 2013가단107940

손해배상(지)

Text

1. The Defendant’s KRW 200,000 as well as its annual rate from September 27, 2013 to September 30, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an author of the novel “E 1” and “E 2 copies (former 15),” and completed each copyright registration on June 29, 201 with respect to E 1, the creation date on June 16, 2001, and the publication date on August 23, 2003. For E 2, the creation date on December 22, 2003, and the publication date on March 2, 2006.

B. On December 8, 2012, the Defendant connected the Internet portal site Niberg (F) and opened the text file of E and E two copies (hereinafter “instant work”).

C. The plaintiff was the defendant at the investigative agency.

On September 27, 2013, the Head of the Suwon District Prosecutors' Office filed a complaint against the act of resistance, and on September 27, 2013, the suspect was a minor of 17 years of age at the time of committing the crime, and dismissed the public interest to investigate and prosecute the case for the minor and not for profit-making purposes.

[Reasons for Recognition] Each entry of Gap 1 to 3

2. Determination

A. Article 2 Subparag. 10 of the Copyright Act provides that “Any transmission means providing works, etc. for public use so that the members of the public may have access to the time and place of their own choice from among the public transmission, including transmission made accordingly.” Article 2 Subparag. 22 of the same Act provides that “duplicating works, etc. means fixing or remaking in a tangible object temporarily or permanently by means of printing, photographing, copying, sound or visual recording or other means.”

According to the above facts, the defendant infringed the plaintiff's right of reproduction and transmission, which is the author's property right, by reproducing and transmitting the work of this case created by the plaintiff without the plaintiff's consent.

B. The Plaintiff’s assertion within the scope of liability for damages