손해배상(기)
1. The defendant's KRW 4,000,000 and about this, 5% per annum from April 25, 2020 to January 14, 2021 to the plaintiff.
1. Facts of recognition;
A. The Defendant is an unincorporated association with no capacity to provide education and welfare support for fostering juveniles as its main business, and is entrusted with the operation of D facilities from the strike-si.
B. From February 2014 to March 2015, the Defendant’s employees posted 23 pictures in which the Plaintiff had copyright (hereinafter “the instant pictures”) on the D’s website and Blost, as shown in attached Forms 1 to 3, as between February 2014 and March 2015.
(c)
The Defendant did not obtain the Plaintiff’s consent on the use of the instant forest as set forth in the foregoing B.
(d)
In March 2017, the Defendant did not make it impossible for other persons to view the instant pictures by means of deletion of the instant pictures on the D’s facility website and block, closure of the said website, etc.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 6, the purport of the whole pleadings
2. From February 2014 to March 2017, the Defendant alleged that the instant picture was infringed upon the Plaintiff’s copyright by using it on the Plaintiff’s website and block, and thus, the Defendant is obligated to pay the Plaintiff property damage amounting to KRW 40.8 million pursuant to Article 125(1) of the Copyright Act (i.e., [Attachment 1] KRW 33.6 million related to [Attachment 2] and KRW 4.5 million related to [Attachment 3.6 million related to [Attachment 1] and the emotional damage amounting to KRW 4.5 million, totaling KRW 45.8 million and late damages amounting to KRW 5 million.
3. According to the facts of recognition as above, since the defendant intentionally or negligently infringed the plaintiff's copyright on the forest of this case, the defendant shall be liable for damages caused by the tort against the plaintiff.
4. Scope of liability for damages
(a) Property damage ① The number of works to be used is increasing, and the period of use of the works is long, the average user fee per work or per year of use shall be reduced, and the rate of reduction shall not be determined.