1. The Defendant’s KRW 1 million and the Plaintiff’s 5% per annum from March 26, 2015 to February 3, 2017, and the following day.

1. Basic facts

가. 원고는사진촬영등을하는프리랜서인데, 아역배우인 C 3형제 화보를 촬영하여 2010. 10. 5. 자신의 싸이월드 홈피(D)에 사진들을 올렸고, 게시물 하단에는 “(마음대로 퍼가시면 안됩니다^^ 저작권있어요~ 그림 저장도 하시면 안되요~)”라는 문구를 기재하였으며, 사진 중 일부는 아동패션 전문잡지인 ‘E' 10월호에도 실렸다.

B. On October 3, 2012, the Defendant: (a) operated a Blog (F) that introduces fashion information, etc. from around October 3, 2012; (b) placed three copies of the pictures, such as the Plaintiff’s surface (hereinafter “instant pictures”); (c) attached other pictures, such as the instant pictures, and C3 type pictures; and (d) placed a notice to introduce C’s fashion date (hereinafter “instant notice”).

At this time, the defendant adjusted the size of the pictures of this case or erroneously added them, and one of the pictures of this case included the words "H" as "H," on the ground that the photograph of this case was damaged by the blog's Albrog's function.

C. From May 13, 2014, the Defendant used the said tables as the clinic for the reorganization of them, and completed business registration, and sold a new shot or South gate brand, etc. through a blackout, etc. on the name of J. On June 6, 2014, the Defendant issued a copyright warning phrase on his/her photograph used in his/her blackout or camera.

The Plaintiff filed a complaint by the Defendant against the infringement of the copyright of the instant photograph through the instant notice, and the Defendant deleted the instant notice materials on December 30, 2014, but was subject to the Seoul Central District Prosecutor’s Office’s Office’s 2015 type No. 13046, March 26, 2015.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 3, Eul evidence 1, the purport of the whole pleadings]

2. Article 125 of the Copyright Act (Claim for Damages) ① Authors’ property rights and other rights protected under this Act, and the author’s moral rights and performers’ moral rights.