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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 800,000 and KRW 500,00 among them.
Reasons
1. Facts of recognition;
A. The Plaintiff is a copyright holder of a cartoon “C” (a total of 31 books, hereinafter “instant cartoons”).
B. On October 2015, the Defendant opened the instant cartoons on the Internet file sharing website “www.Sedisk.com” and made it possible for many and unspecified persons to download them.
(hereinafter “instant infringement.” As a result, the Defendant was released from prosecution on January 15, 2016 on a condition of copyright education by a prosecutor.
[Reasons for Recognition] Each entry or video of Gap evidence Nos. 1 through 4, and the purport of the whole pleading
2. Determination
A. According to the above fact of recognition of the liability for damages, the defendant, without the plaintiff's consent, infringed the plaintiff's property right to the cartoons of this case by the above method, is liable to compensate for the damages suffered by the plaintiff.
B. 1) The Plaintiff’s claim that the sale price (based on a book) of the cartoons of this case is KRW 3,500 per unit of right, and the average of at least 10% of which is 3,500 won as the Plaintiff’s royalty. As such, when selling the cartoon of this case, the profit that the Plaintiff is able to gain (i.e., KRW 10,850 x 31 x 10%) is 10,850 won.
The cartoon of this case caused the defendant's infringement of this case's cartoon sales volume reduction, and 5,425,000 won (=10,850 won x 500 quality) and damages for delay as property damages.
B. The evidence of the Plaintiff’s submission alone is insufficient to calculate the amount of decrease in sales of the cartoons of this case or the amount of damages incurred therefrom by the Defendant’s infringement, and there is no other data to calculate the amount.
However, although it is apparent that the act of infringement of this case causes property damage to the plaintiff, it is difficult to calculate the plaintiff's loss pursuant to Article 125 of the Copyright Act.