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1. The Defendants jointly share KRW 2,00,000 with respect to the Plaintiff and 5% per annum from September 10, 2015 to April 26, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who operates the Internet shopping mall site called “D” where agricultural products are sold; Defendant C is a person who operates the Internet shopping mall site of “E”, and Defendant B is a person who produces the above site of Defendant C at the request of Defendant C.
B. The Plaintiff posted photographs directly taken by the Plaintiff to publicize agricultural products it sells on the Internet shopping mall site of “D”.
C. At around 2012, Defendant B, at Defendant C’s request, used 39 copies of the pictures posted on the Internet shopping mall site called “D” without the Plaintiff’s permission (hereinafter “instant pictures”).
On March 23, 2015, the District Court issued a summary order on March 23, 2015 to the effect that Defendant B’s above act constitutes a violation of the Copyright Act and thus punished by a fine of KRW 500,000, and around that time, the above summary order became final and conclusive as it is.
Since 2012, Defendant C operated the Internet shopping mall by using the miscellaneous Internet shopping mall site called “E” produced by Defendant B.
Defendant C also advertised that the pictures posted on the miscellaneous Internet shopping mall site of “E” are sold at a price lower than that of the Plaintiff’s products by directly keeping the pictures containing the instant pictures under the Plaintiff’s pictures, at the NAV online shopping site linked to automatically posting them.
E. On May 22, 2014, the Plaintiff sent to Defendant C a certificate of content demanding suspension of the Plaintiff’s copyright infringement and compensation for damages, etc. regarding the instant pictures.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Gap evidence 10 and 11 (including dint numbers) and the purport of the whole pleadings
2. The plaintiff's assertion is taken directly by the plaintiff.