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(영문) 서울중앙지방법원 2018.06.22 2016가단128702
손해배상(지)
Text

1. The Defendants each of the KRW 100,000 and each of them to the Plaintiff are 5% per annum from March 31, 2017 to June 22, 2018.

Reasons

1. On August 8, 2013, the Plaintiff registered each copyright with the Korea Copyright Commission on the Plaintiff’s copyrighted works, each of which was published under the name of “R”, as the author who drawn up approximately approximately 18 in the 1997 unfolded novels.

The Defendants posted part of the Plaintiff’s novels on the Internet website without the Plaintiff’s permission throughout the period before and after the Plaintiff’s registration of each copyright, thereby allowing many and unspecified persons to download it.

As to this, the Defendants received a summary order from each investigative agency after being suspended or dismissed, or having received a summary order from the court.

[Grounds for Recognition] Facts without dispute, the whole documentary evidence, and the purport of the whole pleadings (part of the defendants are deemed as confessions)

2. Defendant G asserts that the instant lawsuit did not satisfy the requirements for co-litigation, and thus, is unlawful.

Article 65 (Requisite for Co-Litigation) of the Civil Procedure Act provides that “In case where the rights or obligations forming the object of lawsuit are common to many persons, or are generated by the same factual or legal causes, such many persons may join in the lawsuit as co-litigants. The same shall also apply in case where the rights or obligations forming the object of lawsuit are of the same kind, and are generated by the same kind of factual or legal causes.

This case is permitted in cases falling under the latter part of this case.

Defendant G’s assertion is without merit.

3. Judgment on the merits

A. The Defendants, who suffered liability for damages, acknowledged that the Plaintiff posted each of the novels of this case in copyright on the Internet site without the Plaintiff’s permission (in the case of Defendant P, however, it is difficult to deem that the Plaintiff was a middle student at the time of the instant infringement, but did not have the ability to take responsibility). Therefore, the Defendants infringed the Plaintiff’s copyright (right of reproduction, etc.) regarding each of the novels of this case.

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