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(영문) 인천지방법원 2015.01.08 2014가단228210
손해배상(지)
Text

1. The Defendant’s KRW 1,00,000 as well as 5% per annum from December 5, 2014 to January 8, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On September 16, 2011, the Plaintiff created and published the novel “E” right and registered as the said novel copyright holder.

(Registration Number F). (b)

On October 14, 2011, the Defendant sent “E” at his own house located in Scheon-si without the Plaintiff’s consent, so that many unspecified users can receive or access it.

After that, on October 11, 2012, the defendant was subject to the disposition of non-prosecution by the Incheon District Prosecutors' Office.

[Ground of recognition] Unsatisfy, Gap 1 and 2 evidence

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) Any person who infringes on registered copyrights, exclusive publication rights (including cases applied mutatis mutandis pursuant to Articles 88 and 96), publication rights, neighboring rights, or rights of database producers shall be deemed to have been negligent in the relevant infringement.

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