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(영문) 수원지방법원안양지원 2014.09.30 2013가단107858
손해배상(지)
Text

1. The Defendant’s KRW 200,000 as well as its annual rate from March 27, 2012 to September 30, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an author of the novel “E 1” and “E 2 copies (former 15),” and the Plaintiff completed the registration of copyright on June 29, 201 with respect to E 1 as the creation date on June 16, 2001, and the publication date on August 23, 2003.

B. On December 17, 2011, the Defendant opened a file containing 11,078 small text text files (hereinafter “instant compressed text files”) including the text text files of Part E 1,078 E (hereinafter “the instant copyrighted work”) by accessing an online site (htp:/onisk.co., Ltd.) and allowing an unspecified number of people to download the files at any time when they offer 180 points.

C. The plaintiff was the defendant at the investigative agency.

On March 27, 2012, the Nanyang Branch Office of the Nanyang District Prosecutors' Office filed a complaint against the act of paragraph, and dismissed the case on the ground that the public interest to investigate and prosecute is extremely low because the suspect was a first-class high school student under the age of 16 and not for profit-making purposes.

[Reasons for Recognition] Each entry of Gap 1 to 3

2. Determination

A. Article 2 Subparag. 10 of the Copyright Act provides that “Any transmission means providing works, etc. for public use so that the members of the public may have access to the time and place of their own choice from among the public transmission, including transmission made accordingly.” Article 2 Subparag. 22 of the same Act provides that “duplicating works, etc. means fixing or remaking in a tangible object temporarily or permanently by means of printing, photographing, copying, sound or visual recording or other means.”

According to the above facts, the defendant infringed the plaintiff's right of reproduction and transmission, which is the author's property right, by reproducing and transmitting the work of this case created by the plaintiff without the plaintiff's consent.

B. The Plaintiff’s assertion within the scope of liability for damages

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