After the registration of each Plaintiff’s copyright, the Defendants posted part of the Plaintiff’s novels on the Internet website without the Plaintiff’s permission so that many and unspecified persons can 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. Determination

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 shall be deemed to have infringed on the plaintiff's copyright (right of reproduction, etc.) regarding each of the novels in this case, and the defendants shall be liable for damages suffered by the plaintiff.

B. Article 125-2(1) of the Copyright Act provides that “The author’s property right holder, etc. may claim considerable damages within the scope of KRW 10,000 (50,000 in cases of intentional infringement of the right for profit) for each work, etc. infringed in lieu of the actual amount of damages or the amount of damages determined pursuant to Article 125 or 126 against a person who has intentionally or negligently infringed his/her right, before the conclusion of a fact-finding hearing.

However, there is no submission of particular data about how much the Plaintiff’s imports decline due to each infringement of this case, most novels were released prior to 2002 among the Plaintiff’s copyrighted works whose copyright was infringed by the Defendants, and the recognition of Plaintiff’s novels at the time of each infringement of this case.