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(영문) 수원지방법원안양지원 2015.05.14 2014가단111908
손해배상(지)
Text

1. The Defendant’s KRW 945,00 and the Plaintiff’s annual rate of KRW 5% from June 30, 2014 to May 14, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a copyright holder of a novel “C 1” (former 15 books), “C 2” (former 15 books), and “C 15 copies (former 15 books)” (hereinafter the above novels combined).

B. On February 2014, the Defendant posted the instant novel, which is the Plaintiff’s copyrighted work, on the Internet web site “D” without the Plaintiff’s consent, and thereafter a total of 21 times.

C. The plaintiff was above the defendant.

The defendant alleged that he violated the Copyright Act due to the act described in paragraph (1) and filed a complaint with an investigation agency, and the Seoul Eastern District Prosecutors' Office did not seem to have habitually committed a crime, and the defendant did not seem to have committed a crime under the Act No. 13424 on June 30, 2014, and issued a disposition of suspension of indictment on the condition of copyright education on the ground that he/she would faithfully reflect the mistake and complete copyright education.

On the other hand, on May 2, 2011, the Plaintiff entered into a contract for the provision of information and public transmission service for the digital content service with the school library. Accordingly, on November 26, 2012, the Plaintiff agreed to pay the Plaintiff 60% of the content content in the case of selling the digital content of the novel of this case. The digital content of the said novel is sold at KRW 2,500 per right at the Internet Educational Library.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, and the court's fact-finding results on LS Communications, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts of recognition as above, the defendant, without the consent of the plaintiff, who is the copyright holder of the novel of this case, posted the novel on the Internet web site, thereby intentionally infringing the plaintiff's right of reproduction and transmission, which is the author's property right of the above novel, and therefore, the defendant is liable to compensate for the damages suffered by the plaintiff due to the infringement.

(b).

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