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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff is the author and the author and the author’s property right of the said work, who created the cartoon “D” 1 through 10 in the pen name of “C” (hereinafter “the instant work”).
B. At around 2013, the Defendant, without obtaining permission from the Plaintiff, set up a compressed file (name “D1 parts, 1-10 to 2-10 copies, 2-109, hereinafter “the instant electromagnetic file”) in the Internet file-sharing website “On-site” (welve address htp:/onisk.co., Ltd.), which contained each page of the above cartoons, and sold them on 174 occasions after receiving approximately 110 points (around 110 won) per downloadd.
(However, points accumulated in the Defendant are 33 points per Round or items per time). [Reasons for recognition] The fact that there is no dispute, or entries in Gap evidence 2, 3, 4, and 5, and the purport of the whole pleadings.
2. Determination
A. According to the above facts of recognition of infringement of author's property right, the defendant infringed author's property right by the above method. Thus, in case where the plaintiff suffered loss due to the above infringement, the defendant is liable to compensate the plaintiff for the loss.
B. Determination 1 as to the existence or scope of liability for damages) Plaintiff’s sales price of the instant work claimed by the Plaintiff (based on paper liability) is at least 10% of the average of 4,200 won per unit of right, and at least 10% of the average of them is paid to cartoon writers as Plaintiff’s royalty. In the event of selling a quality of the instant work, the Plaintiff’s profits (i.e., KRW 4,200 x 4,200 x 10 x 10%).
Although the Defendant’s infringement of the author’s property right of this case sold more than 5,00 quality of the instant copyrighted work, the Plaintiff only claimed damages amounting to KRW 4,200,00 for lost profit of 1,00 quality (i.e., KRW 4,200/quality).
Article 125-2 of the Copyright Act if such damage is not recognized.