1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. Facts of recognition;

A. On January 24, 2011, the Defendant opened an Internet file-sharing box (htp:/ftilbus.co.kr) with the registrant’s name C, and opened the cartoon “51 (hereinafter “51”)’s image file of the cartoon “D”, which is a work created by the Plaintiff, to allow an unspecified number of people using the said 1.4G image file to be downloaded to 1200P.

B. The Defendant on May 30, 2012

The Daegu District Prosecutors' Office 2012 type 23152 was sentenced to suspension of indictment on the condition of copyright education in violation of copyright education under the Copyright Act.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, video, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion (1) The Defendant, without the Plaintiff’s permission of use or consent, committed a tort in which the cartoons of this case were placed in the file-sharing box, and thus many and unspecified persons who used the cartoons of this case spreaded the cartoons of this case. As such, the Plaintiff’s cartoons of this case did not properly sell the cartoons of this case in online (e-bek) and off-line (the paper book) and caused a decrease in sales due to the Plaintiff’s failure to sell the cartoons of this case at a low price (120P = 120 won) without any circumstances, disregarding reasonable prices.

(2) The Plaintiff receives 4,500 won or more per cartoon book selling right at the rate of 10% or more per cartoon book selling price. The Defendant’s sales volume decreased by at least 10,000 won per cartoon book selling right. Pursuant to Article 125-2 of the Copyright Act, the Plaintiff may claim damages of not more than 2.5 billion won per work as statutory damages under Article 125-2 of the Copyright Act (i.e., KRW 50 million x 50 million). However, in consideration of the Defendant’s ability to compensate, etc., the Plaintiff seek compensation for damages of not more than 6,885,00 won (i.e., KRW 51 x 10% x 300), including 2 million for mental damages.

B. (1) In light of the above facts of recognition, the defendant is the creator of the work.