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1. The Defendants’ respective KRW 300,000 per annum from March 13, 2019 to August 13, 2019, respectively, to the Plaintiff.
Reasons
1. Basic facts
A. From 197 to 2016, the Plaintiff created and published the novel 20 in the name of “H” and had the copyright for the said novel, and registered each copyright with the Korea Copyright Commission as to the novel 18th day’s novel works.
B. After the Plaintiff’s registration of each copyright, the Defendants, without the Plaintiff’s permission, made certain of the Plaintiff’s novels, offered that many and unspecified persons receive downloaded or automatically shared files using J Programs, K, L Blogs, and other Internet sites.
C. As a result of criminal complaint against the Defendants, the Defendants recognized copyright infringement as described in each of the above sub-paragraph (b) and accordingly, Defendant B, D, E, and F was subject to a disposition of suspension of indictment on condition of each copyright education, and Defendant G was subject to a disposition of dismissal on the ground that it constitutes a minor offense of violation of the Internet Copyright Act. Defendant C was notified of a summary order of KRW 50,000,000
[Ground of recognition] The plaintiff and the defendant B, C, F, and G: The absence of dispute, each entry of Gap evidence Nos. 1 through 5 (including all of the provisional numbers), the purport of the entire pleadings and the remainder of the defendants: Confession (the main text of Article 257 (1) of the Civil Procedure Act)
2. In accordance with the facts established prior to the occurrence of liability for damages, the Defendants, without the Plaintiff’s consent, committed an unlawful act that infringes on the Plaintiff’s copyright, such as the right of reproduction and public transmission, etc. owned by the Plaintiff, on the grounds that some of the novels registered by the Plaintiff were downloaded through J program or Internet website or automatically shared files, thereby allowing a large number of unspecified persons to download. Therefore, the Defendants are liable to compensate for damages incurred by the Plaintiff.
3. Scope of liability for damages;
A. 1 The Plaintiff’s property damage portion is the Plaintiff’s royalty based on the royalty standard and the intent of the Defendants’ infringement.