1. The judgment of the court of first instance is modified as follows.

The defendant shall pay 800,000 won to the plaintiff and the defendant shall pay 80,000 won to the plaintiff on May 11, 2013.

Plaintiff’s assertion

The Plaintiff is the copyright holder of the novel “C” (hereinafter “instant copyrighted work”), and published the instant copyrighted work around July 2012.

However, on May 11, 2013, the Defendant infringed the Plaintiff’s author’s property right by transmitting or forwarding the instant work to many and unspecified persons on the Internet through a siren program.

As a result, a summary order of KRW 500,000 was requested against the defendant.

(Supplementary District Prosecutors' Office 2013 type 15864). (b)

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 3,276,104 (=property damage KRW 1,776,104) and damages for delay.

Judgment

Comprehensively taking account of the overall purport of the arguments in Gap 1 through 8, the defendant's act of infringing the plaintiff's right of reproduction and transmission can be acknowledged by leaving the work of this case in a state where many unspecified persons can download through the Internet.

Therefore, the defendant is liable to the plaintiff for damages caused by tort.

Meanwhile, it is clear in light of the empirical rule that the Plaintiff may incur property damage due to the Defendant’s file sharing act, but it is difficult to compute the profit of the Defendant or the amount that the Plaintiff would normally have received through the copyright infringement in this case in which the specific frequency of downloading the file itself shared by the Defendant was not revealed, and it is difficult to determine a reasonable amount of damages in consideration of the intent of pleading and the result of examination of evidence pursuant to Article 126 of

Furthermore, the Plaintiff’s property damage amount is KRW 400,000,000, in consideration of various circumstances, such as the period from the time of publication to the time of copyright infringement, the authorization and selling price of the instant work, the method of illegal sharing of the instant work, and the expected additional damage.

(b).