1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Facts of recognition;

A. The Plaintiff is a copyright holder of a cartoon “C” (a total of 5 copies, 87 copies, and hereinafter “the cartoon”).

B. On May 2014, the Defendant: (a) opened the instant cartoon on the Internet fee-charging content file (www.ystile.com) that is a Internet-charging content trading site; and (b) allowed many and unspecified persons to download the instant cartoon.

(hereinafter “instant infringement”). Accordingly, on January 9, 2015, the Defendant received a summary order of KRW 300,000 from the Busan District Court’s Dong Branch Branch Branch.

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

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 2,500, the average of which is at least 10% as the Plaintiff’s royalty. As such, when the Defendant sells the quality of the cartoons of this case, the profits that the Plaintiff was able to gain (i.e., KRW 21,750 x 87 x 10%) are 21,750 won (=2,500 x 87 x 10%).

The cartoon of this case caused the defendant's infringement of this case's sales volume reduced, and 4,350,000 won (=21,750 won x 200 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 infringement of this case causes property damage to the plaintiff, the plaintiff's damages pursuant to Article 125 of the Copyright Act.