The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport:

1. Basic facts

A. On November 1, 2013, the Plaintiff, a company engaged in the development and sale of letters, completed the copyright registration of the book file program registered by the “C” body developed by himself/herself by the Korea Copyright Commission (hereinafter “instant book”).

B. On July 25, 2017, the Defendant produced and sold seals for sale, which are secondary copyrighted works, using the instant copyrighted body, from D’s operated by himself.

C. The defendant was at the Suwon District Court around January 31, 2018.

Although summary indictment was filed as a violation of the Copyright Act with respect to the infringement of author's property right as stated in the port, it was referred to a formal trial and sentenced to a fine of KRW 1,00,000 from the Suwon District Court on September 7, 2018 (U.S. District Court 2018DaMa536), the above judgment became final and conclusive around that time.

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

2. The Plaintiff asserted that the Plaintiff suffered damages due to the Defendant’s infringement of the Defendant’s intellectual property right, and thus, the Defendant sought payment of KRW 3,300,000 under the instant letter-use contract (Eascic Loan 2,200,000) as the “amount of money that can be ordinarily received by the exercise of said right” pursuant to Article 125(2) of the Copyright Act as compensation for damages.

3. Determination

A. According to the facts of recognition as above, the defendant infringed the plaintiff's property right by using the letter of this case without permission, and the person who infringed the copyright registered under Article 125 (4) of the Copyright Act is presumed to have been negligent in the act of infringement. Thus, unless there are special circumstances, the defendant is liable to compensate the plaintiff for damages caused by the infringement of property right.

B. “The amount equivalent to the amount which can be ordinarily received by exercising the right” as stipulated in Article 125(2) of the Copyright Act within the scope of liability for damages refers to the work by the infringer.