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(영문) 서울중앙지방법원 2018.07.20 2017가단5141349
손해배상(지)
Text

1. The Defendants’ respective KRW 100,000 per annum from March 31, 2018 to July 20, 2018, respectively, to the Plaintiff.

Reasons

1. On August 8, 2013, the Plaintiff registered each copyright with the Korea Copyright Commission on the Plaintiff’s copyrighted works, each of which was published under the name of “H”, as the author who written and published approximately approximately approximately 18 in the 1997 unfolded novels.

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 were subject to a disposition of suspending or rejecting the indictment by an investigative agency or a fine from the court.

[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 from each infringement of this case, and most novels among the Plaintiff’s copyrighted works whose copyright has been infringed by the Defendants were published prior to 2002, and each of the instant claims.

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