beta
(영문) 수원지방법원안양지원 2014.09.30 2014가단105415

손해배상(지)

Text

1. The Defendant’s KRW 200,000 as well as the Plaintiff’s annual interest from March 26, 2014 to September 30, 2014.

Reasons

1. Basic facts

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

B. The Defendant, using D’s P2P service on December 2, 2013, stored a total of 1131 text files containing C1 and C2 copies (hereinafter “instant copyrighted works”) on his/her own computer hard disc, thereby allowing many and unspecified persons to download them.

C. The plaintiff is a investigative agency.

On March 26, 2014, the defendant filed a complaint against the act of this paragraph, and the Suwon District Court ordered the suspension of indictment on March 26, 2014.

[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.”

The act of Internet users storing copyrighted files on their own computer hard disks by P20 (see, e.g., Supreme Court Decision 2005Do872, Dec. 14, 2007) constitutes an act of reproduction of copyrighted works (see, e.g., Supreme Court Decision 2005Do872, Dec. 14, 2007). If individual P2P service users download file files at their own downloader or store files possessed by individuals in the downloader, they are co-owned poly connected to the service.