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(영문) 수원지방법원안양지원 2015.04.29 2014가단111878

손해배상(지)

Text

1. The Defendant’s KRW 500,000 and the Plaintiff’s annual interest thereon from September 12, 2014 to April 29, 2015.

Reasons

1. Basic facts

A. The Plaintiff, as the author of the “C 1 copy (former 15) novel (hereinafter “instant novel”), completed the registration of copyright as to C2 as of June 29, 201 on the date of creation, June 16, 2001, and August 23, 2003, on the date of publication.

B. On July 14, 2014, the Defendant used D’s P2P service to store compressed files containing the novel of this case on its own computer hard disc so that many unspecified persons may download them.

C. The plaintiff is the defendant's above.

Although the Seoul Central District Prosecutors E filed a complaint against the act of resistance, the Seoul Central District Prosecutors' Office E issued a disposition of suspending indictment on condition of copyright education in consideration of the fact that the crime was minor and that he would faithfully complete copyright education in reflect on the fact that the crime was committed on September 12, 2014.

[Ground of recognition] Unsatisfy, Gap 1 to 3 statements

2. Determination:

A. According to the above facts, since the defendant committed a tort infringing the plaintiff's copyright, it is liable to compensate for the damages suffered by the plaintiff due to the above infringement.

B. The fact that the Plaintiff suffered damage through the Defendant’s infringement is recognized, but even if all the evidence submitted by the Plaintiff was comprehensively established, the specific proof of the actual amount of damage having proximate causal relation with the infringement is insufficient. Thus, this court’s determination of reasonable amount of damage by taking into account the purport of the entire pleadings and the result of examination of evidence pursuant to

C. Accordingly, in full view of the following circumstances, it is reasonable to set the amount of damages at KRW 500,000, taking account of the easiness of the storage and circulation of the novel reproduction of this case, the frequency of tort, the age of the defendant, the number of downloads of the third party regarding the files that the defendant operated, and all the circumstances revealed in the proceedings of the pleading of this case.

Therefore, the defendant filed on September 12, 2014 with respect to KRW 500,00 with the plaintiff and the plaintiff after the date of the illegal act.