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(영문) 수원지방법원 2015.06.26 2014나38767
손해배상(지)
Text

1. Of the judgment of the court of first instance, the money that orders the following payment of property damage is against the plaintiff.

Reasons

1. In the first instance court, the Plaintiff sought compensation for property damage and mental damage caused by a tort against the Defendant. The first instance court dismissed the entire claim for property damage and partly accepted the claim for mental damage.

In response, the plaintiff appealed only to the part of the claim for property damage, which is subject to the judgment of this court, is limited to the above part of the claim for property damage.

2. Basic facts

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

B. On December 8, 2012, the Defendant connected the Internet portal site Niberg (F) and opened the text file of E and E two copies (hereinafter “instant work”).

C. The plaintiff was the defendant at the investigative agency.

On September 27, 2013, the Head of the Suwon District Prosecutors' Office filed a complaint against the act of resistance, and on September 27, 2013, the suspect was a minor of 17 years of age at the time of committing the crime, and dismissed the public interest to investigate and prosecute the case for the minor and not for profit-making purposes.

【Evidence-founded Evidences 1 to 3, 9 to 11】 Each entry of Evidences 9 to 1

3. 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.”

3.2

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