1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 1,000,000 and the defendant shall pay to the plaintiff on August 2012.

1. The plaintiff's assertion

A. 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 August 27, 2012, the Defendant infringed the Plaintiff’s author’s property right by transmitting or forwarding the instant copyrighted work to many and unspecified persons on the Internet.

Accordingly, the defendant was subject to a disposition of suspending indictment.

(Articles 2013 and 5568). (b) Busan District Prosecutors' Office

Therefore, the defendant is obligated to pay to the plaintiff 3.5 million won for damages caused by the tort (=2.0 million won for property damage) and damages for delay.

2. Determination

A. In full view of the purport of the entire pleadings in the statement Nos. 1 through 8, it is recognized that the Defendant infringed the Plaintiff’s right of reproduction and transmission by leaving the instant work 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.

B. Meanwhile, even though it is apparent that the Defendant’s file sharing act may cause property damage to the Plaintiff, 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 the file itself shared by the Defendant is 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 the Copyright Act.

Furthermore, the Plaintiff’s property damage amount is KRW 500,000,000 in consideration of various circumstances, such as the period from the time of the publication to the time of copyright infringement, the authorization and selling price of the instant copyrighted work, the method of illegal sharing of the instant copyrighted work, and the expected additional damage.

C. Also, the defendant's copyright infringement.