1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. Basic facts

A. On November 1, 2013, the Plaintiff, a company engaged in the development and sale of letters, completed copyright registration for the letter program of “C” (hereinafter “instant letter program”) developed by himself/herself by the Korea Copyright Commission.

B. On April 2015, the Defendant created the phrase “D” using the instant letter program at a computer located in his/her residence without permission, and participated in the E-ro production process.

(hereinafter “instant infringement on author’s property right.” In the above public offering, D, which was elected by the Defendant, purchased the log produced by the Defendant from E.

C. The Defendant was indicted in Seoul Eastern District Court on the violation of copyright infringement of the author’s property right of this case.

On December 29, 2017, the Seoul Eastern District Court issued a summary order of KRW 500,000 to the defendant, and the above summary order became final and conclusive around that time.

On July 27, 2017, the Plaintiff confirmed that the phrase “D”, “D,” which used the instant letter program, was written on the Internet website called “D” (F).

[Ground of recognition] Facts without dispute, entries in Gap evidence 2, 4, 5, and 9, and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts of recognition under paragraph (1) of this Article, the Defendant infringed the Plaintiff’s author’s property right by reproducing the instant letter program without permission at his/her own residence and manufacturing the phrase “D” by using it.

In addition, according to Article 125(4) of the Copyright Act, a person who infringes on a registered copyright is presumed to be negligent in infringement.

Therefore, the defendant is liable to the plaintiff for damages caused by infringement of author's property right.

B. The Plaintiff’s summary of the Plaintiff’s claim on the scope of liability for damages is the Copyright Act as compensation for damages against the Defendant.