A. The Plaintiff is a company established for the purpose of online game development business, etc., and operates the said game as commission (for users to use the said game, the user fee of KRW 27,500 per month shall be paid) by developing the online game “community” (hereinafter “instant game”) around 2001.

B. From February 2004 to February 2013, the Defendant: (a) opened and stored the instant game in a personal computer by downloading the program of illegally reproducing the Plaintiff’s license program for the database; and (b) opened a “B” which is a one-person server capable of free use of the instant game; (c) opened the connection program by October 11, 201, up to October 11, 201, several game users of the instant game by downloading the said server with the said server free of charge and allowing them to use the instant game (hereinafter “instant infringement”).

Of the instant infringement, the Defendant was subject to criminal punishment of KRW 1 million (Seoul Central District Court 2010,5713) with respect to the instant act from February 2, 2004 to February 2, 2010 (Seoul Central District Court 2010, 5713), and a fine of KRW 1 million (Seoul Central District Court 2012, 2461) with respect to the act from July 13, 201 to October 11, 201.

[Reasons for Recognition] Facts without a partial dispute, entries in Gap evidence 1, 5, 9 (including each number), the purport of the whole pleadings

2. Determination

A. 1) According to the above facts of recognition, the defendant shall be deemed to have infringed the plaintiff's right of reproduction, performance and public transmission of the game of this case, which is the plaintiff's work, by reproducing the game of this case and opening a private server and allowing many and unspecified persons to use the above private server. Thus, the defendant shall be liable for damages suffered by the plaintiff by the infringement. 2) The defendant shall not claim that B is operated after October 201.