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(영문) 서울중앙지방법원 2016.05.11 2015가단125683
손해배상
Text

1. The Defendant’s KRW 28.9 million to the Plaintiff and the Plaintiff’s 5% per annum from August 4, 2015 to May 11, 2016.

Reasons

1. Occurrence of liability for damages;

A. The Defendant’s infringement of copyright is established from June 3, 2009 to July 2014, 2014 to the Plaintiff’s website (website) up to 289, up to a page, a camera, a camera, and a camera, a photo, which were opened on the website, a camera, and a photo of the above body camera was taken by the Plaintiff directly by the Plaintiff, and the fact that it is a photographic work, the opening and creation of which are recognized, may be acknowledged if the entire purport of the pleadings, including each number, is added to the entire purport of the pleadings, and there is no reflective evidence.

Thus, the defendant is obligated to compensate the plaintiff for damages caused by the plaintiff's reproduction of 289 copies of the plaintiff's photographic work without permission.

B. The judgment of the defendant's assertion is arguing that the defendant only used the photographs connected to the Internet, and there was no intention or negligence of copyright infringement. However, considering the contents, character and quantity of the above photographs reproduced by the evidence adopted earlier, and the status of Internet car page creation by the defendant's operation, etc., the defendant did not merely up with the image searched on the Internet without any specific doubt, but arbitrarily reproduced the above photographs at the plaintiff's website (at this time, the above photographs are stated that they are protected by the Copyright Act as the plaintiff's work). Thus, the above argument is without merit.

2. Scope of liability for damages

A. Article 125(2) of the Copyright Act provides that the amount of damages calculated under Article 125(2) of the same Act shall be calculated in cases where the holder of author’s property right claims damages from a person who infringed his/her right intentionally or by negligence against the person who infringed his/her right.

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