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1. The Defendant’s KRW 9,405,00 for the Plaintiff and KRW 5% per annum from April 10, 2014 to December 17, 2014.
Reasons
1. Basic facts
A. The Plaintiff is a copyright holder of the novel “C” (former 15) and “D” (former 15).
(hereinafter referred to as the “instant lawsuit” by combining the above novels. B.
On January 25, 2014, the Defendant posted the file of the “small and Medium Job Matern,” including the instant novel, on the Internet file sharing website without the Plaintiff’s consent, on condition of receiving the price of 30 points (1 point =1 won). A total of 209 multiple files were posted.
C. On the other hand, on May 2, 201, the Plaintiff entered into a contract for the provision of information and public transmission services for the digital content content service with the school library, and accordingly, the school library agreed to pay 60% of the fixed price to the Plaintiff when selling the digital content of the instant novel on November 26, 2012. The digital content of the instant novel is sold at KRW 2,500 per ticket at the Internet school library.
[Ground of recognition] The fact that there is no dispute, Gap's evidence Nos. 1 through 4, and the fact-finding results of this court's Dlimb hand, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts, since the defendant committed a tort infringing the plaintiff's copyright, the defendant is liable to compensate for the damages suffered by the plaintiff due to the above infringement.
(The defendant's assertion that there was no intention or negligence of copyright infringement, or no profit-making purpose is acceptable).
1) In the event that the holder of author’s property right, etc. claims compensation for damages from a person who has intentionally or negligently infringed his/her right, the amount equivalent to the amount ordinarily entitled to receive by exercising his/her right may be claimed as the amount of damages suffered by the holder of author’s property right, etc. (Article 125(2) of the Copyright Act and the amount equivalent to the amount ordinarily entitled to receive by exercising his/her right).