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1. The Defendant’s KRW 200,000 as well as its annual rate from February 26, 2013 to May 14, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a copyright holder of a novel “E 1” (former 15) and “E 2” (former 15).
B. The Defendant posted the Plaintiff’s 14 rights and 15 books, which are the Plaintiff’s copyrighted works, on the Internet NAV block managed by himself without the Plaintiff’s consent.
C. The plaintiff was above the defendant.
On February 26, 2013, the former District Public Prosecutor's Office dismissed the defendant on the ground that the public interest of investigation and prosecution is extremely low and that there is no need for investigation in light of the fact that the defendant was the first offender under 16 years of age, and that the private person is minor.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. The party's assertion and judgment
A. The plaintiff's assertion was caused by the tort committed by the defendant's copyright infringement, but it is difficult to calculate the amount of damages. The defendant is obligated to pay damages to the plaintiff 20,000,100 won and damages for delay pursuant to Article 126 of the Copyright Act.
B. The defendant's assertion that the defendant did not violate the Copyright Act, and the plaintiff's claim for punitive damages against the defendant's act that is a minor is improper, as well as the plaintiff's failure to prove the actual amount of damages caused by the defendant's act, and has been negligent in making efforts necessary to protect his copyright.
C. According to the facts of recognition as above, the defendant, without the plaintiff's consent, posted the above novel on his Internet waterway without the plaintiff's copyright holder of the novel of this case, thereby committing a tort infringing the plaintiff's right of reproduction and transmission, which is the author's property right of the above novel, by intention or negligence. Thus, the plaintiff suffered from the infringement above.