1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

1. Basic facts

A. The Plaintiff, as the author of the novel I (hereinafter “the novel of this case”), completed the copyright registration of the novel of this case on May 12, 201.

B. Around February 2, 2013; around November 20, 2012; around December 27, 2011 in Defendant G; and around December 18, 201, Defendant H posted each of the instant novels on the Internet site without the Plaintiff’s consent; and illegally transmitted and distributed them.

Defendant B, E, and H were dismissed on May 27, 2013, respectively, and Defendant G was subject to a disposition of suspending prosecution on the condition of copyright education on May 28, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, purport of whole pleadings

2. Determination

A. According to the facts of recognition as above, the Defendants infringed the Plaintiff’s right of reproduction and transmission, which is the author’s property right, by reproducing and transmitting the novel of this case created by the Plaintiff without the Plaintiff’s consent, and thus, the Defendants are liable to compensate the Plaintiff for damages incurred therefrom.

B. In this case where there is no other evidence that can calculate the Plaintiff’s amount of damages within the scope of liability for damages, it is reasonable to determine a reasonable amount of damages by the court in consideration of the purport of the entire pleadings and the result of examination of evidence pursuant to

The amount of damages for each of the Defendants shall be KRW 300,000, in full view of the following factors: (a) details and degree of the infringement of author’s property right, duration of infringement, designation and sale in the publishing market of the novel of this case; (b) prices of the novel of this case; (c) the storage and operation of the novel of this case; (d) the storage of the novel of this case; (e) the possibility of dissemination; (e) the number of tort committed by the Defendants; and

C. After the judgment of the first instance court of this case, Defendant E with the Plaintiff’s legal representative, and the decision of December 30, 2015 is made in the text of the judgment.