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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
Facts of recognition
The Plaintiff is the author of a cartoon “C” and a total of 437 copies (hereinafter referred to as “instant work”).
On July 2015, the Defendant, without obtaining permission from the Plaintiff to use the Internet file-sharing website “W.sharex.co.kr” (www) and opened an image file which sets up each page of the said work using the registrant’s name, so that many and unspecified persons can download it.
[Ground of recognition] The defendant is liable for compensating for the plaintiff's damages caused by the above infringement, since the defendant infringed the plaintiff's property right by the above method, according to the above fact that the plaintiff is liable for compensating for the damages caused by the above infringement.
The Plaintiff’s claim for property damage within the scope of compensation for damages is that the average of at least 10% of the sales price of the instant work from KRW 4,500 to KRW 6,00 per books is paid as the Plaintiff’s royalty. As such, when selling a quality (437) of the instant work, profits that the Plaintiff is entitled to receive is 231,900 won.
Although the Defendant’s infringement of the author’s property right of this case was 1,000 sales volume of the instant copyrighted work, the Plaintiff claimed only 23,190,000 won (i.e., 231,90 won/quality x 100 quality) as damages.
If such damage is not recognized as above, the amount calculated pursuant to Article 125-2 or 126 of the Copyright Act shall be claimed as compensation for damage.
Judgment
Article 125 of the Copyright Act (hereinafter referred to as the "Act") provides for the presumption of damages in consideration of the fact that it is considerably difficult to prove damage in the event of copyright infringement. Article 126 of the Act provides for the presumption of damages in consideration of the fact that it is considerably difficult to prove damage. Article 125-2 of the Act provides for the court to calculate a reasonable amount of damages in consideration of the overall purport, etc. of pleadings.