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1. The Defendant’s KRW 1,00,000 as well as 5% per annum from April 25, 2014 to June 23, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff created and published the novel “C” and registered as a copyright holder of the said novel with the Korea Copyright Commission.
B. Around November 2013, the Defendant, without the Plaintiff’s consent, made it possible for an unspecified number of users to receive or access the said novel on the Internet web lock file box (www.filviv.co.co. Ltd.).
C. On April 25, 2014, the Defendant was subject to a disposition of suspension of indictment on the foregoing violation of the Copyright Act by the Seoul Central District Prosecutors’ Office.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings
2. Where a person who holds author's property right or other rights (excluding author's property right and performer's moral right) protected under this Act (hereinafter referred to as "owner of author's property right, etc.") claims compensation from a person who has infringed on his/her right intentionally or by negligence against the person who has infringed on the right, and the infringer has received any benefit from the act of infringement, the amount of such benefit shall be presumed to be the amount of damage suffered by the owner of author's property right, etc.
(2) Where the holder of author's economic right, etc. claims compensation from a person who has infringed his/her rights intentionally or by negligence from the person who has infringed his/her rights, the amount of money equivalent to the ordinary amount by exercising such rights may be claimed as the amount of damages suffered by the holder
(3) Notwithstanding the provisions of paragraph (2), if the amount of loss suffered by the holder of author's property right, etc. exceeds the amount under paragraph (2), the amount in excess may also be claimed as damages
(4) The registered copyright, exclusive publication right (including cases applied mutatis mutandis pursuant to Articles 88 and 96), publication right, neighboring right, or the right of database producer shall be infringed.