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(영문) 서울중앙지방법원 2020.11.24 2018가단5065053
손해배상(지)
Text

1. The Defendant’s KRW 100,000 as well as 5% per annum from April 10, 2019 to November 24, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, under the name of “C”, has drawn up a novel of approximately 18 Sympon 197 from 199 to 18, and registered each copyright with the Korea Copyright Commission on the Plaintiff’s copyrighted works.

B. On April 12, 2015, after the Plaintiff’s registration of each copyright, the Defendant opened part of the Plaintiff’s novels on the Internet website without the Plaintiff’s permission, using an online “cene” program (a program in which the files existing on the Internet can be divided into several sculptures, and a program in which individual users can share the files directly) and allowed many and unspecified persons to have them shared.

On April 30, 2015, the Defendant was suspended from indictment on the condition that the Defendant completed copyright education, taking into account the fact that the Defendant did not take monetary benefits from the investigative agency and that the university students who did not have criminal power are against the law, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3-1 of evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition 1), the defendant infringed the plaintiff's copyright (right of reproduction, etc.) as to the plaintiff's novel, and the defendant is responsible for compensating for damages suffered by the plaintiff. 2) As to this, since the defendant received from multiple co-owners the file sculptures of the novel house including the plaintiff's novels without permission, it cannot be viewed that the defendant operated the plaintiff's novels. 2) After receiving the file of the co-owned file by using a stop and a stop, it cannot be viewed that the defendant operated the plaintiff's novels.

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