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(영문) 서울중앙지방법원 2019.04.09 2017가단5133553
손해배상(지)
Text

1. Defendants B, C, D, E, F, G, H, I, K, and L respectively to each Plaintiff KRW 300,000,000 and each of them from December 2, 2018 to April 9, 2019.

Reasons

1. Basic facts

A. The Plaintiff, under the name of “M”, written and published the novels in Part 18 from 1997 to published, has copyright for the said novels, and on August 8, 2013, registered each copyright with the Korea Copyright Commission as to the novels in Part 18, respectively.

B. After the Plaintiff’s registration of each copyright, Defendant B, C, D, E, F, G, H, I, K, and L operated part of the Plaintiff’s novels on the Internet website, including N orO, without the Plaintiff’s permission, so that many and unspecified persons can download it.

C. Defendant B, C, D, E, F, H, I, K, and L were subject to a disposition of suspension of indictment on condition of each copyright education on the ground that they infringed the Plaintiff’s copyright as set forth in the foregoing B, and Defendant G was notified of a summary order of KRW 50,000 on the ground that they infringed the Plaintiff’s copyright as set forth in the foregoing B.

[Ground of recognition] The plaintiff and the defendant B, E, J, L: The absence of dispute, each entry of Gap evidence Nos. 1 through 5 (including all of the provisional numbers), the purport of the entire pleadings and the remainder of the defendants: Confession (the main text of Article 257 (1) of the Civil Procedure Act)

2. The part of the Plaintiff’s claim against Defendant J argues that the Plaintiff infringed the Plaintiff’s copyright by linking the Plaintiff’s novel “R, S, T, U,V,W, X, and Y” files to N on the Internet website N on June 20, 2014 without the consent of the copyright holder.

Since there is no evidence to prove the above assertion by the Plaintiff, we cannot accept the Plaintiff’s assertion on this part of the ground of claim.

3. The part of the Plaintiff’s claim against Defendant B, C, D, E, F, H, I, K, and L

A. Based on the facts established prior to the occurrence of damages liability, the Defendants’ “Defendant” in paragraph (3) of this judgment refers to Defendant B, C, D, D, E, F, H, I, K, and L.

The plaintiff, without the plaintiff's consent, is allowed to open part of the novels registered by the plaintiff on the Internet site to many and unspecified persons.

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