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(영문) 서울중앙지방법원 2020.08.11 2018가단5070918
손해배상(지)
Text

1. The Plaintiff:

A. As from December 6, 2018, Defendant B: 200,000 won and its related thereto:

B. Defendant C shall be KRW 300,000 and this shall apply.

Reasons

1. Basic facts

A. The Plaintiff, under the name of “D” from 197 to 2017, was a author who written the novel of 22 M-F, such as “E” and “F,” and was registered with the Korea Copyright Commission as to the works in Part 12, around August 8, 2013.

B. Without the Plaintiff’s permission, Defendant B, on March 30, 2015, deposited the Plaintiff’s copyrighted work with total of 23 books of “H”, and Defendant C, on the Internet-sharing website from December 24, 2012 to May 3, 2013, a total of 14 books of “J” among the Plaintiff’s copyrighted work, thereby enabling an unspecified number of people to peruse or download, etc.

C. The defendants filed a complaint against the defendants respectively.

Defendant C was notified of a summary order of KRW 1 million on July 15, 2015, and Defendant B was suspended from indictment on May 29, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2 1 to 12, 3-18 and 19, the purport of the whole pleadings

2. Determination

A. As seen earlier, the Defendants shared the above novels owned by the Plaintiff without the Plaintiff’s permission.

Therefore, the defendants shall be deemed to have infringed on the plaintiff's copyright (right of reproduction, etc.) in relation to the above novels, and shall be liable for damages incurred by the plaintiff.

B. Article 125(2) of the Copyright Act provides that “Where an author’s property right holder, etc. claims compensation from a person who has infringed his/her rights intentionally or by negligence against a person who has infringed his/her rights, the amount equivalent to the amount which would normally be paid by exercising his/her rights shall be the holder of author’s property right, etc.

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