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1. The Defendants’ respective KRW 300,000 per annum from March 16, 2018 to October 22, 2019, respectively, to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff, under the name of “D”, written and published the novels of 20 Part 20 from 1997 to 2016, has copyright for the said novels. As to the novels of 18th August 2013, the Plaintiff registered the Korea Copyright Commission with respect to each of the copyrighted works of 193.
B. After the Plaintiff’s registration of each copyright, the Defendants automatically shared part of the Plaintiff’s novels via the E-site without the Plaintiff’s permission, thereby allowing many and unspecified persons to download the files.
C. As a result of criminal complaint against the Defendants, the Defendants recognized copyright infringement under each of the above Paragraph B, and accordingly, Defendant B was subject to a disposition of suspension of indictment on condition of copyright education, and Defendant C was dismissed as a juvenile with no same kind of power.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-5 (including all of the branch numbers), the purport of the whole pleadings
2. The facts acknowledged prior to the occurrence of liability for damages. The Defendants, without the Plaintiff’s consent, are liable to compensate for damages sustained by the Plaintiff since they committed tort that infringes on the Plaintiff’s copyright, such as the right of reproduction, public transmission, etc. owned by the Plaintiff, by automatically sharing a part of the novels registered by the Plaintiff’s copyright via the Internet site so that many and unspecified persons can download.
3. Scope of liability for damages;
A. 1) The Plaintiff asserts that, in light of the Plaintiff’s royalty for the Plaintiff’s author’s novel, the Defendants’ intentional intent of infringement, and the Plaintiff’s revenue that the Plaintiff lost, at least the Defendants inflicted damages on the Plaintiff at least KRW 1.5 million, based on the facts recognized earlier. 2) As such, the Plaintiff may be recognized as having caused property damage to the Plaintiff by the Defendants’ infringement.
Furthermore, there is a specific amount of damages.